Essay
Unit 23- Assignment 1 P1.P2,P3,P4P5,M1
- Institution
- PEARSON (PEARSON)
Assignment 1 – The Court Structure
[Show more]
Seller
Follow
Content preview
1Assignment 1- Unit 23
The first case is about a confrontation on Saturday night between a group of rival football
supporters and 19-year-old James, Pete, and 16-year-old Casper in which a fight broke out which
resulted in Brian being stabbed which after collapsing from his stab wound Brian shortly died. James
and Pete were directly involved in the fight although only after the stabbing James ran away whilst
Casper however when the fight initially broke out, ran to a nearby corner shop and stole a pack of
lager cans. The type of law that concerns this case is Criminal Law which is defined as behavior that
is considered offensive and harmful towards members of the public. For example murder, assault,
theft, and sexual abuse. The purpose of Criminal Law is to charge and punish the offender for their
actions. Judges in Criminal Law are key figures in the pursuit of justice and have several duties which
include ensuring trial procedures are being followed and carried out appropriately, educating and
supporting the jury on its responsibilities, ruling on any motions filed in court, setting bail amounts,
and because of the high standard of proof required in criminal trials (beyond reasonable doubt)
ensuring the validity and reliability of the facts, information and witnesses presented in court as well
as making a fair judgment based off the facts and information presented in court. Courts are kept
open to the public for everyone to see and to give transparency to the legal procedures.
There are two types of practicing lawyers who make up the legal profession in England and Wales -
Solicitors and Barristers. Solicitors are lawyers that handle office work and the paperwork involved
in their clients' cases with their work usually consisting of drafting up legal documents, consulting
with clients, giving legal advice, and preparing the paperwork ready for court whereas Barristers are
specifically trained to represent clients and present evidence in their defence in court. The role of
Barristers consists of cross-examining witnesses on the opposing side, studying evidence and
making conclusions, providing legal advice to clients and solicitors, and negotiating settlements
between clients and other parties outside of court. As a large amount of legal work is done outside
of court, meaning there are more solicitors in number than barristers with there currently being
127,000 practising solicitors and 15,000 barristers across England and Wales.
Lay people are ordinary, unqualified people involved in the decision making processes in courts.
There are two kinds of lay people- Magistrates and Juries. Magistrates are unpaid members of local
communities who deal with the less serious cases, a role in which does not require any previous
formal qualifications before being appointed. Alongside the Magistrates will sit a legal advisor who
can assist the Magistrates on advising them on points of law they don’t understand as they have no
legal knowledge although their position is limited to only that- advising and they are prohibited from
exerting any form of influence or interference on how they decide the punishments. Juries are 12
members of the public chosen at random who play a vital role in the justice system in England and
Wales. Their role includes weighing up the evidence provided in court and deciding on a verdict of
whether the defendant is guilty or not guilty. Juries account for less than 1% of criminal trials as
magistrates deal with the wide majority at approximately 97%.
1
, 2
In the English legal system, four courts deal with Criminal cases which include the Magistrates,
Crown, Court of Appeal, and the Supreme Court.
The first court in the criminal court structure is the Magistrates Court which has over 400 courts
across England and Wales. Magistrates Courts try summary offenses which are minor criminal cases
that can be punished under the courts’ limited sentencing powers. It can also deal with preliminary
hearings and any other side matters such as arrest warrants and bail applications. Sentencing
powers in a Magistrates Court are limited to a maximum punishment of 6 months in prison and a
£5,000 fine. Magistrates Courts tend to hear Summary offense cases which are the least serious
type of offenses such as road traffic offenses, vandalism, common assault, and property damage.
District Judges tend to sit alone and hear the longer and more complex cases in the Magistrates
Courts. Youth Courts is a type of Magistrates court which deals with criminal offenses committed by
young people between the ages 10-17. Youth Court proceedings tend to be less formal than adult
courts and hearings are private and no members of the public are allowed in. Cases in Youth Courts
are heard by magistrates who have been specially trained to sit in this type of court and work with
young people. They will work to directly engage with the young person involved and work alongside
them to ensure they understand what is happening. Youth Courts deal with cases such as theft and
burglary, drug offenses, and knife crime. Punishments in Youth Courts vary and include a variety of
sentences that include community service sentencing, detention and training orders, supervision
orders, and fines.
Crown Court- The Crown Court hears trials on the most serious criminal cases and appeals against
sentencing decisions from trials made within the Magistrates courts with around 92 locations
throughout England and Wales. The Crown Court hears cases sent by a Magistrates Court sent
either at first instance (according to macmillandictionary.com means is the first occasion a legal case
is heard in a court) or on appeal. Crown Court centre locations are categorised into three tiers with
the first tier dealing with all categories of crimes that exist in main centres throughout the country,
the second tier dealing with only criminal cases, and the third and final tier dealing with the less
serious criminal cases. Indictable offenses which are the most serious type of offenses such as rape,
murder, and manslaughter, and Triable either way offences which are medium-level type of offenses
including theft and burglary, possession of drugs, and assault are heard at the Crown Court. In the
Crown Court, crimes fall into four categories according to seriousness- class one being the most
serious of crimes such as murder and treason, class two slightly less serious crime such as
manslaughter and rape, class three being all other indictable offenses that follow and finally class
four being robbery and grevious bodily harm for example.
Circuit Judges are present in most Crown Court cases and have jurisdiction over a wide variety of
civil case matters. Recorders are professional lawyers who sit as part-time judges who also
regularly hear less complex and serious Crown Court cases. Juries are a group of 12 ordinary
members of the public chosen at random to come to a majority decision of whether the defendant is
guilty or not guilty based on the evidence presented to them throughout the trial. They must reach
and discuss a verdict in private and cannot be discussed with anyone else. The jury has no
involvement in the sentencing which is a matter for the judge alone and their only role is concerned
with deciding if a defendant is liable or not liable.
2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller graceb308. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
73918 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now