LAW AND THE LEGAL SYSTEM

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Jamie lorimer

Law and the Legal System

There are two main criminal courts in the England and Wales. The Magistrate’s Court and the Crown Court. The magistrate’s court is for minor offences and any case that will result in a punishment of no more than a five thousand pound fine or six month imprisonment will be tried here. However if the case is likely to exceed the maximum punishment it will be passed on to the crown court. Serious cases like rape or murder will be tried at the Crown Court.

If somebody believes that they have been wrongly accused they have the opportunity to appeal to the courts. However if they were sentenced by a magistrates court they would have to appeal to a crown court, if they were sentenced by a crown court they would have to appeal to a high court, if they had been convicted at a high court then they will have to go to a court of appeal. However there must be reasonable grounds for the appeal. The sentenced must have new evidence or reason of a clear mistake.

Crown Court

The crown court is found in most cities. It is used for trying serious crimes. There are 15 types of people involved;

  • Judge – a highly qualified lawyer with successful experience in criminal law as a barrister. The judge has to listen to both sides of the story (the prosecution and defence). If the defendant pleads not guilty then a jury will be called in who will along with the assistance of the judge come up with a verdict.
  • Jury – there would be 12 members of the public aged 18-70 who would listen to the case and come up with a verdict. To reach a verdict they will take all the evidence in mind and discuss behind closed doors until there is an agreement of at least 10:2. This is why cases can take ages because the majority have to persuade the minority. These people are selected randomly from electoral roles so it could be anyone who has cast a vote. Barristers may change or reject some jurors if they feel that they are biased.
  • Solicitors – help the barristers prepare their arguments.
  • Barristers – these are lawyers that are trained and experienced in criminal law. Prosecution barristers will put across the police case and defence barristers put across the defendant’s case.
  • Stenographer – types down everything what happens during a trial.
  • Witnesses – people called by the prosecution or defence to support their case. They are cross examined by the other side.
  • Defendant – the person who committed the crime.
  • Police and prison officers – make sure that defendant does not cause trouble or try to escape. Sometimes protect witnesses.
  • Probation officers and social workers – write pre sentence reports about the crime and defendants. This gives the magistrates a better knowledge of the defendant and suitable sentences.
  • Public - can sit in the gallery and watch the trial.
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Magistrate’s court

There is a magistrate’s court in every large town and most criminal cases are heard here. There are 11 types of people involved;

  • Magistrates – there are normally three magistrates. They are unpaid and take time off their jobs only receiving expenses. However stipendiary magistrates or district judges do get paid and are trained in law. Whereas magistrates are only trained on how to be a magistrate. Magistrates must be between 27 and 65 and have good common sense.
  • Defence solicitors – lawyers that will try and get the accused the less sentence as ...

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