Principal Powers Available to Courts in England and Wales - Essay Example

? of affiliation Principal Powers Available To Courts in England & Wales Courts of England and Wales are the criminal and the civil courts charged with the responsibility of administering justice. These courts are put in place and governed by the laws of Wales and England. These courts operate under the insubordination of the parliament to the United Kingdom. One unique thing about the United Kingdom judicial system is that they do not have a single unified judicial system. England and Wales however have one system. Despite these differences, there are certain exceptions that these courts have; such are in the cases of issues like immigration. One system of employment tribunals that works for England, Wales, and Scotland also exists. In both England and Wales, the house of lords handles matters of highest appeals. In such cases, only the law lords are charged with the responsibility of proceeding over these cases. The Supreme Court judicature act 1873 however abolished this. This was done through the elections where the parliament passed the bill to have the Supreme Court in place. However, an amendment preserving the judicial function of the House of Lords was passed. The court was then used to handle impeachment cases in England, even though nowadays they are considered Magistrate court refers to the lower courts in which all criminal proceedings begin. Certain civil issues can also be decided in these courts, these include family matters (Probert, 2011). These courts have been meant in such a way that they can deliver justice in a swift and simple mean. In England and Wales, there are many magistrates’ courts; the number is approximate to be over 360. The jurisdiction of these courts lays o the various powers that the legal system gives them. Offences especially those termed as summary offences are often considered small offences and are thus punishable under the powers of magistrates’ limited courts. The offences herein include the fines, community sentences, short custodian sentences. Certain offences that are indictable in nature can always be heard in a magistrate court and then if the offenders are found with cases to answer, the case can be transferred to higher courts for more judgment and a wide range of punishment. Indictable offences may include rape, murder, and robbery among others. The cases here are heard by the judges at district judge in the magistrate or by three bench magistrate. The magistrate courts have no jury. The police undertake the investigation of these cases and then the prosecution is done accordingly. Defendant can chose to hire to solicitor to represent them in court. This is often catered by the state. Jurisdiction and sentencing powers of the courts In regards to issues related to criminology, the magistrate courts also used to be referred to as police courts both in England and Wales were put in place to deal with little offences at a speedy manner. Nearly all the criminal cases begin and stop at this point. Serious crimes are often taken to crown courts. It is approximated that 95% of many cases are handed at this point. Least serious criminal offences like driving cases, criminal damage of minimal damage, drug possession, vandalism, and criminal damages. All these are dealt with at summery proceedings in the magistrate court. In such cases, the defendants lack the right to jury trial and they have no formal indictment (Miller & Jentz, 2011). The verdict lies in the hands of the magistrates and judges at the courts. Sentencing powers in the magistrate courts have certain limitations. There are certain offences that have their limitations. For instance, they are capable of inflicting fines up to five thousand US dollars and can pass an imprisonment sentence. When the magnitudes of offences are big, the limitation is often raised. This means that such cases can attract high fines of up to over $ 50, 0000. There are certain cases like driving offences where the driver can be penalized by being disqualified from driving for some time. Such cases draw heavy punishments and fines. Despite being able to send people to prisons, the discretionary authority of the courts is also flexible in some cases. Judges and magistrates are currently given hosts amidst other options. This strategy was put in place to ensure criminal cases are dealt with in a good manner (Auld, 2001). Either confiscation of the materials or fines punish certain small cases. There are also the instances of absolute discharge and conditional discharge, which are considered as non custodial cases. The main point in most of these cases is to achieve a restorative justice and then reformation to the offender. The victims in such cases are often compensated the losses they incurred during the crime. Such punishments are referred to as community sentences. At such instances, one may be put to perform community work for about 40 hours to 300 hours on unpaid basis. At the same time, the offender is often placed under a program that will be helping in restoring their virtues back. For example, in cases of drug addict, the persons may be placed in a rehab to help them manage their drug intake. The judges at these courts also have the authority to issue orders regarding restraining orders and curfew, and people are often advised not to go close to such persons. During community service, the offender is normally under the supervision of a probation officer. Therefore, the magistrate courts deal with summary offences or maybe indictable offences. The judges hold the responsibility of determining the court level in which the individuals will be tried. Indictable offences are often considered very serious sin nature and in most cases are often referred to the magistrate courts to make their rulings. Juvenile justice handles offense committed by young persons. Such persons are those that have reached 10 years old but have not attained the adult age of 18 years. Magistrates specially ordained for that task in a youth court handle their cases. Their powers can impose youth detention where they are put under detention and raining at the same time. This normally goes for a period not less than two years. Issues relating to family affairs are handled in a special court with magistrates specially trained to do that. The courts are called family proceedings courts. More issues like non-payment of taxes are also handled by these magistrate courts. The judges in these courts are specially selected and trained to hear cases relating to domestic problems. Their powers allow them to pass judgments and sentences accordingly depending on the petitions forwarded to them. The later magistrates’ courts are formed based on ‘justice of the peace’; this defines their mandate as governing sovereign peace. Today, there is a difference between the magistrate handling many cases (lay judges) and those handling minor cases at the district levels (mostly done by experienced lawyers) In the various magistrate courts, (whether family proceedings court or youth courts), cases that carry little complexity and magnitudes are handled by the magistrates or the lay judges. The lay judges in this case help in distinguishing between the professional and the district judges. These persons are chosen from among citizens who are considered to be of good character and have mature personality. Such should also be able to pass sound judgments on cases presented before them. The magistrates sit as benches of three or two and they are often of mixture in gender, ethnicity, and age. The lead magistrate is the chairperson of the bench and often addressed as Sir, Madam or your worship. The magistrates are collectively referred to as ‘your worships”. Lay magistracy is ancient in England and Wales and is dated back from 1327 when an act was passed in parliament regarding the appointments of magistrates. The district judges in the magistrates’ courts were formerly known as the stipendiary magistrate. They constitute professional lawyers who are employed by the ministry. They sit and precede a lone in cases that are serious and mainly involving remand. For one to qualify, he or she needs to have a law degree and at least five years experience in the field. The district judges during trials are termed as judge and addressed customarily as sir or madam. County courts are also put in place under statutes, and they are purely of civil jurisdiction. District judge is appointed to preside over the cases brought before the court. Such cases may involve civil actions against police or similar related crimes (Riches, S., & Allen, V. (2011). Legal advisors also play a great role during determination of cases. Their main purpose is to ensure court proceedings are strictly observed and directed according to law and its powers. Their advice is always neutral and they do not need to show bias on any side. Their advice also should be open and in front of the entire court. The crown prosecutor is a legal authority put in place to prosecute cases. Traditionally, it used to be done by queens or kings. Their tasks come in place after police have made their findings on the criminals. Defendants in court also have their roles to play. They are always allowed to defend themselves. However, in many courts, there are solicitors who can advise and represent defendants who do not have their own. The judicial system in England and Wales abolished the grand jury system and the magistrates have been charged with the responsibility of performing the functions of the grand jury. The doctrine of judicial precedent engages with the statutory interpretations of the law at this point. In such cases, they are tasked to indict the accused of their offences, which is responsibility of the jury (Smits, 2006). When handling committal proceedings, it is normally the responsibility of the bench to select whether the prima facie exists on prosecution basis. References Auld, R. (2001). Review of the criminal courts of England and Wales: report. London, Stationery Office. Miller, R. L., & Jentz, G. A. (2011). Business law today: the essentials : text & summarized cases : e-commerce, legal, ethical, and international environment. Mason, OH, South-Western Cengage Learning. Probert, R. (2011). Family law in England and Wales. Alphen aan den Rijn, Kluwer Law International. Riches, S., & Allen, V. (2011). Keenan and Riches' business law. Harlow, England, Pearson Longman. Smits, J. M. (2006). Elgar encyclopedia of comparative law. Cheltenham, UK, Edward Elgar Pub. Read More