Distinguish Criminal law from Civil law in the English Legal System. Outline the jurisdiction and composition of the courts of trial dealing with these two different types of cases.

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BA (HONS) ACCOUNTING AND FINANCE PATHWAYS

LAW - ASSIGNMENT ONE

Distinguish Criminal law from Civil law in the English Legal System. Outline the jurisdiction and composition of the courts of trial dealing with these two different types of cases. To what extent is it possible to appeal against decisions of the courts of trial?

One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only and impact on the parties involved in the case. For example: a breach of contract. Where as criminal wrongs tend to have an impact on society itself. For example: a murder, theft or rape.

Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more difficult to win a case in the Magistrates court and Crown court than in a civil court as in a magistrates and crown court the evidence has to be proved beyond doubt and in a civil court evidence can be proved on a balance of probabilities.

Criminal and civil cases are dealt with in different courts of trial. There are two courts for criminal cases, the magistrate's court and the crown court. In a magistrates court lay magistrates hear most cases normally in groups of three. Lay magistrates are part time, unpaid and do not need a legal qualification, however they are assisted by a legally qualified clerk who may advise if requested. Some, but very few cases may be heard by District |Judges. District judges are legally qualified, full time and paid, they sit alone and hear the longer and more difficult cases. Only summary offences such as motor offences and minor assaults are dealt with in the magistrate's court. Apart from the exception of triable offences which, can then be dealt with in either two courts of trial. The majority of criminal business is dealt with by magistrates and, despite ideology and triviality, they deal with serious cases. Magistrates also determine, subject to appeal, whether the defendant should be kept in custody pending trial. Magistrates can impose conditions to meet their concerns about granting bail. Courts have limited information on which to base bail decisions, with the exception of experimental bail information schemes involving the probation service. Normally prosecutors and sometimes defence lawyers make representations as to whether bail should be granted or not. There is a high degree of correlation between prosecutors' representations and magistrates' decisions. One problem the society has with magistrates is that sections of the community are underrepresented in the lay magistracy. The lay magistracy remains predominately white, middle aged, middle class and conservative.
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The other court of trial for a criminal case is the Crown Court. Indictable offences like murder can only be dealt with in this court and also triable offences for example, all theft cases. An accused has the absolute right of trial in the Crown Court but if he/she elects summary trial the magistrates may decline to hear the case. Even if they do they may commit a convicted person to the Crown Court for sentence if they believe their own sentencing proves to be inadequate. Three types of judges sit in the court - High Court Judges, ...

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