StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The Crown Court System in England and Wales - Essay Example

Cite this document
Summary
The paper "The Crown Court System in England and Wales" tells that the Crown Court system in England and Wales was created under the court's Act of 1971, replacing the various Crown Courts of Liverpool, Manchester and London and all other session courts that were mainly dealing with criminal cases…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97% of users find it useful
The Crown Court System in England and Wales
Read Text Preview

Extract of sample "The Crown Court System in England and Wales"

The court primarily deals with cases of serious criminal offences like murder, rape and robbery. Some cases are transferred from the magistrates’ court and others are appealing against the sentences of the magistrate courts. The case is put in front of the judge and the jury by the prosecution lawyer and thereafter the trial begins. In the presence of the victim and the defendant, the respective lawyers present their version supported by witnesses to the criminal act. After hearing both sides, the jury discusses the main points amongst themselves and comes to a certain result which is then communicated to the judge, with all relevant information that helped reach that conclusion. This verdict is then announced by the judge to both the parties giving relevant legal clauses under which the judgement is reached. The punishment is either announced on the same day or some later day as fixed by the presiding judge.

The Prosecution barrister is the one who starts the criminal proceedings on behalf of the victim, against the person who is supposed to have committed or perpetrated the crime and explains to the court what the defendant is accused of. He is responsible to the court to prove his case with supportive evidence. The Defendant barrister, on the other hand, acts on behalf of the person who is accused of the said offence or crime. His main responsibility is to show to the court that the prosecution’s arguments are not good enough to prove his client guilty and that there may be other explanations also. He does so by pointing out the probable flaws of the evidence produced.

The Jury is a very important part of the court proceedings. The jury consists of twelve members who hear the case of the two parties without any biases. The two main parties, the victim and the defendant are both unknown to the jury members and that is the main reason that they can collectively come to some concrete judgement with the help of supportive evidence produced in the court by the two barristers.

The Judge is the person who is in charge of the trial. ‘The judge decides on matters of law. The judge will also decide the sentence if the defendant is found guilty or admits to being guilty’(internet). He makes sure that the barristers keep within the legal framework. He supervises the swearing-in of the jury members and also that of witnesses. He also ensures that the trial is conducted in a fair manner. At times, he also advises the members of the jury about the legalities of the various acts that may influence the trial. Once all the evidence is produced, he reminds the jury members of the key points of the case who in turn deliberate over the pros and cons of the case, backing it with legal acts and clauses. The decision of being guilty or not guilty is then reached by the jury which is communicated to the judge who pronounces the verdict in the court. If the verdict declares the defendant guilty, the judge decides on the appropriate sentence or punishment, taking into account various parameters defined within the legal framework.

The juries in the crown court play a vital role in the proceedings of the case. The twelve members of the jury are selected randomly from the voters’ list. The eminent members of the general public whose names are selected for jury members are required to take oath under which they are prohibited to discuss the cases with anybody outside the courtroom. ‘The juror swears or affirms that he or she will faithfully try the defendant and give a true verdict according to the evidence’ (Juror). The judge also ensures that the parties of the trial, the prosecution and the defendant have not known figures to any of the jury members. The members are also informed about the various legal details under which the trial is being held. The jury members discuss the evidence produced by the prosecution and defendant barristers and evaluate them in an unbiased manner so that they can come up with a clear and fair decision.

The role of the jury is a very important factor of the crown court trial and they must continue to play the part that they have been playing for many years. The jury members help evaluate the evidence. Each of the twelve members of the jury, help analyse the facts and documents produced in the trial, giving their explicit opinion regarding them strictly conforming to the law. The different point of view of the members gives them to reach an understanding or consensus that promotes a fair judgement. The decision of the majority prevails, which is pronounced as the final judgement or the verdict. The diversity of opinions and the different perspectives of the members facilitate critical analysis of the evidence that is not only unbiased but also reasserts the democratic and fair value of the legal system. The upholding of the viewpoint of the majority reaffirms the fairness of the judgement that is reached. It is, therefore, important that the jury continue to play their part in the crown court with sincerity and knowledge-based decisions.

Read More
Tags
Cite this document
  • APA
  • MLA
  • CHICAGO
(“2 Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
2 Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/miscellaneous/1544172-2
(2 Essay Example | Topics and Well Written Essays - 1000 Words)
2 Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/miscellaneous/1544172-2.
“2 Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/miscellaneous/1544172-2.
  • Cited: 0 times

CHECK THESE SAMPLES OF The Crown Court System in England and Wales

The Hierarchical Structure of The Court System in England and Wales

The researcher of this essay aims to assess the hierarchical structure of the court system in england and wales and to analyze to what extent does the common law doctrine of binding precedent engage with the structure of the court system in england and wales.... The researcher then concludes that the court system in england and wales is divided into certain levels starting from Supreme Court to the Tribunals and Magistrates' Courts.... The Supreme Court, which was previously called House of Lords, took over the title of Supreme Court as the uppermost court of england and wales in 2009....
6 Pages (1500 words) Essay

The Hierarchical Structure of the Court System in England and Wales

This essay "The Hierarchical Structure of the court system in england and wales" focuses on the doctrine of binding precedent that is inseparable from the hierarchical structure of the court system in england and wales.... This paper discusses the hierarchical structure of the court system in england and wales, and the extent to which it engages with the common law doctrine of binding precedents.... The Structure of the court system in england and wales The court system in england and wales is hierarchical in structure (Jones, 2011)....
8 Pages (2000 words) Essay

Hierarchical Structure of the Court System in England and Wales

This essay "Hierarchical Structure of the court system in england and wales" focuses on the hierarchical structure of the United Kingdom courts that is rather complicated.... it is evident that the hierarchical structure of the court system in england and wales engages the common law doctrine.... This essay is more concerned with the court hierarchy system in england and wales, which comprises of Magistrates' court these courts are local with seating both qualified and lay magistrates that hear mainly criminal but also civil matters before them at first instance....
9 Pages (2250 words) Essay

The Criminal Justice System of England and Wales

he World Factbook of Criminal Justice Systems also said that the legal system in england and wales is "adversarial" in all courts, including the juvenile courts.... ust like in most countries, crime in england and wales is classified and distinguished mostly on the basis of its seriousness.... riminal responsibility in england and wales is 10, so those between ages 10 and 17 are forced to face a youth court if they are charged with a criminal offense....
7 Pages (1750 words) Essay

Briefly outline the court system in England and Wales, and in particular the role of the Crown Court

The court system in england and wales is therefore distinct and different from the court systems in Scotland and Northern Ireland.... The Courts of Justice in england and wales make up.... These courts are established and statutory law in england and wales.... The tribunals in england and wales include the Employments Tribunal, Employment Appeals Tribunal and the first tier and Upper tribunals.... Different matters are committed of sent to different courts depending The Courts of england and wales are made up of the following different courts namely, the magistrate's courts, the country courts, the Crown court, the High Court of justice, the Court of Appeal and the Supreme Court which work in line with the European court of Justice and the European Court of Human Rights (Clarissa, 2004)....
5 Pages (1250 words) Essay

The Hierarchical Structure of the Court System in England and Wales

The paper "The Hierarchical Structure of the court system in england and wales" states that the court has the liberty to come up with whichever decision will be binding to the courts.... The latter formed a strong basis for a great deal in the whole court structure in england and wales until towards the end of the nineteen-century, but some influence is still seen to date.... he current practice, therefore, enables the highest court that is the House of Lords to adapt to the laws of england and wales so that it can be able to meet the ever-changing social conditions....
6 Pages (1500 words) Essay

The Hierarchical Structure of the Court System in England and Wales

The paper "The Hierarchical Structure of the court system in england and wales" states that The laws of England and Wales are uncodified and have developed from customs over a long period.... Courts in england and wales observe a rigid hierarchy as a consequence of the hierarchy of judicial precedents.... Gillespie (2013) observes that courts in england and wales adhere to a specific hierarchical order.... Cases that have a criminal element are heard first in the crown court or the magistrates' court....
6 Pages (1500 words) Essay

The Structure of the Court System in England and Wales

This report "The Structure of the court system in england and wales" focuses on one of the most complicated systems due to its continuous development.... The Supreme Court is the uppermost court and the final court in england and wales.... The england and wales court system hierarchy provides order in which power is upheld.... he england and wales Court systems are broadly divided into civil courts and criminal courts.... elow the Supreme Court are senior courts of england and wales, which were formed by the Act of Judicature....
6 Pages (1500 words) Report
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us