Court Structure

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Vicky White

Court Structure

Criminal Courts

Criminal courts are those where the defendant is tried for committing a crime against the state. In the legal system the criminal courts are considered below the civil courts, at the lower end of the hierarchy. Different courts have different jurisdiction. The term jurisdiction means the power of the court to settle disputes. Courts of first instance only have the power to try a case for the first time, for example the Magistrates Court, whereas courts of appeal or appellate courts only have the power to hear appeal cases. Some courts, like the High Court, have a dual function and are able to do both.

In the Magistrates court the trial is usually heard by three lay Magistrates or one District Judge, but there is no jury. Magistrates may not impose a sentence heavier that six months imprisonment (or 12 months of two or more offences tried together) and/or a fine of £5000. In exceptional cases the maximum fine is raised to £20 000. If the court feels that the defendant deserves a heavier sentence than they can impose they are able to commit the defendant to the Crown Court. The Magistrates Court may also act as a Youth Court.

The Crown court was established by the Courts Act 1971. It is arranged in regions and within each region there are different centres for hearing cases. Theses centres fall into three classes:

  1. First-tier centres. These are staffed by High Court and Circuit Judges, and hear all types of criminal cases. Some High Court civil work is also carried out in these centres.
  2. Second-tier centres.  Staffed by High Court and circuit Judges, and hear only criminal cases.
  3. Third-tier centres. Staffed only by Circuit judges and hear only criminal cases. The higher tiers hear more difficult cases and a greater variety of cases.

As well as High Court Judges and Circuit Judges, the Crown Court is also staffed by Recorders, who are part-time judges. Crimes are also arranged into four categories, with the most serious in the first category and the least serious in the fourth. The graver offences are tried by more senior judges.

The Crown court acts as a court of first instance in the trial of indictable offences and triable-either way offences where this has been chosen. Trial is normally by a judge with a jury of 12 lay people. The prosecution can apply for a judge only trial, for example in complex cases.

The court that the case is sent to depends on the nature of the offence. There are three types of offence:

  1. Summary offence. Theses are minor offences, for example minor traffic offence and criminal damage offence up to the value of £5000. These offences are defined as being summary either by the relevant statue of by the Criminal Law Act 1977, and must be tried at the Magistrates Court.
  2. Indictable-only offence. Theses are serious crimes that must be tried in the Crown Court such as manslaughter, rape and treason. Defendants under 18 will generally be tried at a Youth Court but there are some exceptions.
  3. Offences triable either way. These offences may be tried in either court. Examples are theft, handling stolen goods, reckless driving, and most assault offences. The accused person ahs the option of going to the Crown Court to be tried by a jury even if the amount involved is very small. Such offences are listed in s1 Magistrates Court Act 1980 or identified as such in the relevant statute.

Appeals in Criminal Cases

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There are a number of grounds for appeal in criminal cases. The appeal may be based on factual error where the defendant will claim that the court of fist instance misunderstood the facts, or believed the wrong person. Alternatively the appeal may be based on the law, where the defendant argues that the court has misunderstood what the law requires for the offence in question. It is also possible for an appeal to be based on a mixture of fact and law. An appeal may also be against a sentence served.

Criminal appeals are heard in the following courts:

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