Lecture notes
Evaluation of the court processes
- Institution
- AQA
This document includes a brief evaluation , positives and negatives of the tribunal process, process of crown courts, and lay magistrates.
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Evaluations pros and cons of the courtsEvaluation of tribunal process
Cheapness - Applicants are encouraged to represent themselves and not use
lawyers, tribunal hearings do not normally involve the costs associated with court
hearings. It is also rare for an order for costs to be made by a tribunal, so that an
applicant does not need to be faced with an unexpected large bill if he or she loses
the case.
Quick hearing - most tribunal hearings are very short and can be dealt with in a day
Informality - The hearing is more informal than in court. Parties are encouraged to
present their own case. In addition most cases are heard in private.
Expertise - in some tribunals 2 non lawyers set to hear the case with the tribunal
judge. These members of the panel are experts in the type of case being heard . This
gives some good knowledge and understanding of the issue in dispute.
Lack of funding - legal aid funding is not available for most tribunals which may put
an applicant add disadvantage if the other side uses a lawyer. Legal aid is available
for cases where fundamental human rights are involved such as in cases abou
whether an asylum seeker has the right to remain in the United Kingdom or
a patients remain in a secure mental hospital.
More formal than ADR - A tribunal hearing is more formal than using ADR.
The place is unfamiliar and the procedure can be confusing for individual presenting
their own case. Where applicants are not represented the judge is expected to take
an inquisitorial role and help us to publish the points that the applicant wishes to
make. This idea is not always achieved.
Delay - Although the intention is that cases are dealt with quickly the number c
cases dealt with by tribunals means that there can be delays in getting a hearing ag
The use of non lawyer members on the panel can add this problem as they set part
time usually one day a fortnight. If a case is complex lasting several days this can
lead to proceedings being spread over a number of weeks or even months.
Evaluation of trial in crown court
More likely to be acquitted - At the Crown Court defendants are more likely to be
acquitted than in the Magistrates Court. Only about 15% of defendants who plead
not guilty in the Magistrates Court are found not guilty. At the Crown Court over
60% of defendants are acquitted. The number of acquittals in the Crown Court is
that most are as a result of the judge discharging the case or directing that the
defendant be found not guilty. This will happen whether prosecution drops the case
or witnesses failed to attend court so there's no evidence against the defendant.
However juries do acquitting more cases in magistrates. They quit in about 35% of
cases compared with 15% acquittal rate in the Magistrates Court.
Advice from lawyers - research conducted into the reasons why defendants choose
trial at the Crown Court found that most did so as the result of the advice from
lawyers. The main factor end the choice the high chance of acquittal.
Legal aid - Defendants is more likely to receive legal aid, this means that the state
will pay for his or her legal representation
Advocacy - the legal representation at the Crown Court must have a certificate of
advocacy given the right presented cases at the Crown Court. This means that the
law is more experienced that presenting cases in court.
Longer wait - There is usually a longer wait before the case is dealt with at the
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