Courts
Magistrates' Court
There are three types of cases that come to Magistrates' Courts:
Summary offences - where the defendant is not entitled to trial by jury. These offences include motoring offences and minor assaults.
Either-way offences - where the defendant can be tried either at the Magistrates' Court or the Crown Court. Such offences include theft and handling stolen goods.
Indictable-only offences - such as murder, manslaughter, rape and robbery, which must be heard at Crown Court.
If the case is an indictable-only offence, the involvement of the Magistrates' Court is brief. A decision will be made on whether to grant bail and other legal issues, like media reporting restrictions, will be considered. The case will then be passed to the Crown Court.
If the defendant is charged with a summary offence, or an either-way offence that is being dealt with in Magistrates' Court, they will have to enter a plea of guilty or not guilty. If they plead guilty or are convicted after pleading not guilty, the magistrates have the power to pass a sentence of up to six months' imprisonment and/or a fine of up to £5,000.
If they are acquitted, and provided there are no other cases pending against them, they should be able to leave immediately, judged innocent in the eyes of the law.
For the courts system to work properly it is crucial that victims and witnesses feel able to come to court and give evidence. The Witness Service provides dedicated support to people through this sometimes challenging and intimidating experience.
The Government is also introducing measures to make sure victims and witnesses have easier access to information about the progress of their case.
It is also vital that defendants appear in court, and a range of measures have been put in place to enforce their attendance and to deal with non-attendance.
Over 95 per cent of all cases put before the courts are dealt with in Magistrates' Court. Cases are heard either by three lay magistrates or one District judge. The lay magistrates, or 'Justices of the Peace', as they are also known, are local people who volunteer their services. They don't have formal legal qualifications, but are given legal and procedural advice by qualified clerks who handle the general administrative court work.
District Judges, however, are legally qualified. They are paid, full-time professionals and are usually based in the larger cities.
For more information about Magistrates' Courts, visit:
www.courtservice.gov.uk
www.magistrates-association.org.uk
If you are interested in becoming a Magistrate, visit: www.direct.gov.uk/magistrates.
Youth Court
Youth Courts handle most cases involving minors. They are presided over by specially trained magistrates and sit in private to protect the identity of those concerned.
Operation of the Courts
Currently Magistrates' Courts are managed locally by independent Magistrates' Courts Committees that are accountable to the Lord Chancellor. However, with the introduction of Unified Court Administration (UCA) in 2005, this will change. Under UCA, all courts below the House of Lords (including Magistrates' Courts and the Crown Court) will be integrated into a new single agency. This will improve the efficiency and effectiveness of the courts, removing unnecessary duplication and ensuring a more consistent approach across the courts.
Day-to-day management of a court is handled by a number of different people. Deciding which cases will take place on a given day is the responsibility of the listings officer. They are assisted by ushers, who are the public face of the court and whose job it is to make sure the right people are present when needed. Another key position is court clerk who makes sure the proceedings run smoothly and gives advice to lay magistrates.
Crown Court
Because of the seriousness of offences tried in the Crown Court, these trials take place with a judge and jury.
The Crown Court deals with:
Indictable-only offences like murder, manslaughter, rape and robbery
Either-way offences transferred from the Magistrates' Court
Appeals from the Magistrates' Court
Sentencing referrals from the Magistrates' Court
Sentencing referrals happen when someone is convicted in a Magistrates' Court but the magistrates believe that the offence requires a stronger punishment than they can impose. In situations like this, the case is sent to Crown Court where the judges have the power to pass a more appropriate sentence.
If the defendant is found not guilty, they are discharged without a conviction being recorded against their name.
If the defendant pleads guilty or is found guilty by the jury, the judge will sentence them. Sometimes this will happen immediately after the verdict. In other more complex cases, for example, if there are questions about the defendant's state of mind or what kind of sentence would be suitable, the judge may delay sentencing and ask bodies like the Probation Service to submit a report on the case.
Since 1995, the Court Service has been responsible for the administration of the Crown Court. However, this will change with the introduction of Unified Court Administration. The Department for Constitutional Affairs is responsible for policy issues relating to the criminal courts and judicial appointments.
For more information about the Crown Court, visit:
www.courtservice.gov.uk
www.dca.gov.uk
For further information see:
www.crimereduction.gov.uk
www.victimsupport.org.uk
www.cjsonline.gov.uk
www.dca.gov.uk
The Courts Act 2003
The aim of the Courts Act 2003 is to reorganise key elements of the court system to reduce delays, increase community engagement and further improve the courts' power to enforce financial penalties.
Courts of Appeal
If after being convicted, someone is unhappy with how their trial was conducted or feels their sentence was unduly harsh, they can make an appeal to a higher court. Individuals convicted at Magistrates' Courts appeal to the Crown Court. Someone convicted at Crown Court begins the appeal process in the Court of Appeal.
The 35 Court of Appeal judges - known as Lord Justices of Appeal - hear about 6,000 criminal appeals and applications for appeal each year. Only about a quarter of cases put forward for appeal will actually be heard and, even then, there is no guarantee that the appeal will be successful.
Please not that this information is not difinitive and should you need more detailed information then independent Legal advice should be obtained.