Lecture notes
The Court Systems
- Institution
- PEARSON (PEARSON)
class notes on The Court Systems
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The Court SystemThere are four courts operating in the UK:
Magistrates Court
Crown Court
County Courts
Youth Courts
Magistrates Courts
All criminal cases (even the most serious ones such as murder) will start in
a magistrate’s court. The decision will be made that the case is too serious
to be dealt with and will pass the case on to the crown court.
However, more than 90% of cases will stay at the magistrate’s court. All
summary offences, as well as some either way offences. The magistrates
court is less formal than the crown court.
Instead of a judge, the trial is presided over by three ‘magistrates. There is
also no jury – all decisions on guilt or innocence will be made by the
magistrates.
Most of the cases are brought to court by the Crown Prosecution Service
(CPS) but there are other prosecution agencies such as RSPCA, Environment
Agency, Department of Work and Pensions, English Nature etc.
Defendant
The defendant is the person accused of committing an offence. If the
defendant is being held in custody, they will normally appear in a secure
area at the back or side of the courtroom called the dock. If they are in the
secure dock, they will normally be accompanied by at least one security
officer.
If the defendant has been bailed or requisitioned to attend court on a
particular occasion, they will usually sit alongside the dock. When a
defendant is called to give evidence, they will move from the dock to the
witness stand. Sometimes they will be accompanied by an officer.
Witness/ Victim Support
A witness supporter might be present beside the witness box if a witness is
giving evidence. The magistrates will decide whether to allow a witness
supporter
Waiting advocates/ Lawyers
Advocates waiting for their cases to be called quite often sit on benches
behind the prosecution and defence advocates.
Witnesses
The witness gives evidence from the witness box. They are called
individually to the witness box and must swear that they will tell the truth,
either by wearing an oath on a bible or other religious text, or by ‘affirming’.
, They answer questions put to them by the prosecution and defence
advocates and the magistrates. If the witness is vulnerable, they might give
evidence from behind a screen or via a video link.
Prosecution advocates/ lawyers
These professionally qualified lawyers tend to be solicitors in the
magistrates’ court, but occasionally a barrister might take the role. The
prosecution advocate is there to prove the defendant’s guilt. They normally
start the trial by giving an opening statement, and they bring forward
prosecution witnesses.
They will then be given the opportunity to cross examine the defence
witnesses. They will give a closing argument at the end of the trial,
summing up all their evidence, and explaining why the defendant should be
found guilty.
Defence advocates/ lawyers
These professionally qualified lawyers tend to be solicitors in the
magistrates’ court, but occasionally a barrister might take the role. The
defence advocate is there to advise the defendant and get them the best
possible outcome.
They can give an opening statement if they wish, but they do not have to
do so. They are given the opportunity to cross examine the prosecution
witnesses.
After the prosecution rests, the defence can present its case. The closing
argument from the defence is always the last thing to be heard during the
trial.
Usher
Quite often the usher is easy to identify because they wear a black gown.
The usher makes sure that the trial runs smoothly. They make sure that all
the witnesses are seated in the right places behind the lawyers and show
the public where to sit. They bring people in and out of the courtroom and
ensure everyone is at the right place at the right time.
When the magistrates are ready to enter the court, the usher asks everyone
to stand. They do the same when the magistrates leave. They escort the
witnesses to and from the witness box, and make sure anyone in the
witness box gives the correct oath or affirmation before they give their
evidence. The usher also helps the legal advisor with administrative tasks.
Legal advisor, court associate and clerk
The clerk is mostly an administrative role. They announce the defendant
and read the charge to them. At the end of the trial, the clerk reads out a
summary of the law that applies.
They record any decisions which are made by the court. The clerk makes
sure that the magistrates have all the information they need. Because
magistrates do not need to have legal qualifications, they are advised in
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