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My Court Visits - Assignment Example

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In the paper “My Court Visits” the author focuses on criminal courts in the English legal system, which are of two types. They are known respectively as Magistrates’ Courts and Crown Courts. Trials are conducted in these two Courts. All criminal cases start in the Magistrates’ courts…
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My Court Visits
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Download file to see previous pages One is known as the either-way offense. In either-way offenses, the suspect has a choice. His case can either be heard by the Magistrates’ court or if so desired, he can insist on trial by judge and jury in the Crown Court. Magistrates’ Court can impose fines up to £ 5000, and punishments up to 12 months. However, the Magistrates’ Court has the power to impose more sentence if the defendant is charged with two or more offenses, and at least two offenses are either way offenses. Over 95% of all criminal cases are dealt with by Magistrates’ Courts.  Magistrates’ Courts may refer some cases to Crown Court if it reaches a conclusion that the defendant deserves more severe punishment than they can. However, all three types of cases must be first heard by the Magistrates’ Court. This hearing is known as committal. One is known as the either-way offense. In either-way offenses, the suspect has a choice. His case can either be heard by the Magistrates’ court or if so desired, he can insist on trial by judge and jury in the Crown Court. Magistrates’ Court can impose fines up to £ 5000, and punishments up to 12 months. However, the Magistrates’ Court has the power to impose more sentence if the defendant is charged with two or more offenses, and at least two offenses are either way offenses. Over 95% of all criminal cases are dealt with by Magistrates’ Courts.  Magistrates’ Courts may refer some cases to Crown Court if it reaches a conclusion that the defendant deserves more severe punishment than they can. However, all three types of cases must be first heard by the Magistrates’ Court. This hearing is known as committal. Offenses of the other type are known as indictable offenses. Indictable offenses are to be tried only by Crown Court. Indictable offenses are more serious criminal cases such as murder, manslaughter, assault, rape or robbery. The Crown Courts can hear appeals from orders of Magistrates Courts. These cases in Magistrates’ Courts are heard by three lay magistrates (who are known as justices of the peace) or by a District Judge. The magistrates are volunteers from the locality. District Judge is a trained lawyer. He is a government servant.   The prosecution is usually carried out by the Crown Prosecution Service. A representative of the Crown prosecution service is usually present in the Court. The Magistrates’ Courts also act as Youth Court. Acting as such, they can a sentence of Youth detention of up to two years.  The prosecution in Magistrates’ Court is done by solicitors or by Crown Prosecutors. In Crown Courts, the prosecution is done by Crown prosecutors, barristers instructed by Crown Prosecution Service or by higher Court Advocate. The defendant is usually represented by solicitors. In some cases, defendants are also represented by barristers. In certain cases, defendants are also given free legal aid. This happens when the defendant can not afford to pay for his representation by a solicitor. ...Download file to see next pagesRead More
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