Summary Criminal Litigation UNIT 1 - Overview of the Criminal Procedure
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Course
BPC
Institution
BPC
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Includes:
- The Structure of the Criminal Court in England and Wales
- The Classification of Offences
- The Funding of Criminal Cases
- The Overriding Objective
The Structure of the Criminal Court in England and Wales
D3.1 The criminal trial of an adult takes place either in the Crown Court or in a
Magistrates' Court.
- The criminal trial of a child/ young person usually takes place in the youth court, but
can takes place in either the Crown or Magistrates' Court.
The Crown Court
D3.2 The Crown Court was created by the Courts Act 1971, deriving its jurisdiction
from the Senior Courts Act 1981 (SCA). Its practice and procedure are prescribed by the
Criminal Procedure Rules (CrimPR).
Circuit Structure
Whilst the Crown Court is regarded as a single court, the Court sits in many different
locations.
The many different locations in which the Crown Court sits are classified according to:
(a) Geographical position; and
Every location belongs to one of six 'circuits': Midlands, North-Eastern,
Northern, Wales, Western, and South-Eastern.
(b) Status.
The status of a location is divided into:
o First tier;
o Second tier; or
o Third tier.
The higher the tier, the more likely a High Court judge is to sit. Therefore, the
most serious cases will normally be committed to either a first or second-tier
location, so that there will be at least the possibility of the trial being
conducted by a High Court judge.
Each circuit contains locations of each of the three tiers.
, Each circuit is presided over by a High Court 'presiding judge', who supervises circuit,
including case allocation, listings, and deployment of judiciary.
At each location of the Crown Court, there is a senior ‘resident judge’ who is responsible for
the distribution of work between judges, and providing a link between the judiciary and court
administration.
Senior Courts Act 1981, s.8 (1) The jurisdiction of the Crown Court shall be
exercisable by—
High Court judges;
Circuit judges; and
Recorders (part-time judges, fee-paid)
The Magistrates Court
A Magistrates Court is a lower court, that deals with minor criminal offences. The
jurisdiction of the Magistrates Court is defined under the Magistrates Court Act
1980.
are typically heard by a bench of three justices of the peace, or by a district judge.
All justices have equal decision-making power.
- Between the three magistrates, one will act as presiding judge and will speak
in court.
D3.15 A person convicted by a magistrates' court may, if he or she pleaded not
guilty, appeal to the Crown Court against conviction and/or sentence.
If the person pleaded guilty, he or she may appeal only against sentence (MCA
1980, s. 108)
- For the hearing of appeals from a magistrates' court, the Crown Court must
normally include no less than two and not more than four justices, none of
whom took part in the decision under appeal (SCA 1981, s. 74(1);
CrimPR 34.11(1)(a)).
Upon appeal, the Crown will have the power to issue any sentence available to the
Magistrates’ at the time of the conviction.
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