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Business (i NEED A WRITER IN LAW OR CRIMINOLOGY ) - Essay Example

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Evidence, from prosecution or defence is admissible only if the witness is cross-examined by the other side and confronted in open court with omissions in previous…
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Download file to see previous pages... This right to confront your accuser in open court is regarded as the core of the English trial system (and of course that of other jurisdictions based on it). 
All criminal cases start in the Magistrates’ courts. Petty offences, or offences not serious in nature are dealt with by Magistrates’ court. They are called summary offences. All cases regarding these offences are decided entirely in the Magistrates’ Court. Apart from summary offences, there can be two other types of offences. One is known as either-way offence. In either-way offences, 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 months1. However, the Magistrates’ Court has power to impose more sentence if the defendant is charged with two or more offences, and at least two offences are either way offences. Over 95% of all criminal cases are dealt with by Magistrates’ Courts.2 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 the three types of cases must be first heard by the Magistrates’ Court. This hearing is known as committal.
Offences of the other type are known as indictable offences. Indictable offences are to be tried only by Crown Court. Indictable offences 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 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 ...Download file to see next pagesRead More
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