Explain the role and functions of both the magistrate's court and the Crown Court.
Explain the role and functions of both the
magistrate's court and the Crown Court.
The Criminal Justice System in England and Wales is a complex system of departments working together to deliver justice. It is comprised of several separate agencies which are responsible for various aspects of the work of maintaining law and order and the administration of justice. The Magistrates Court and the Crown Court are part of this system and they deal with the criminal cases brought before them by the Crown Prosecution Service, created in 1985. All cases initially go to the magistrate's court, for minor crimes the case is dealt with by summary trial, for more serious indictable offences the magistrates decide if there is a case to answer and then send it to Crown Court, where it is tried by a High Court judge with a jury.
When a person is charged with an offence the police may hold them in custody until they can be brought before a magistrate. If the offence is minor and the offender is likely to appear in court if required they are bailed or a summons is issued which instructs the accused to appear at a named magistrate's court at a particular time. When the offender is accused of a more serious crime a warrant will be issued to secure the persons arrest. There are three possible forms the trial can take according to the nature of the offence. The Criminal Law Act 1977 sets out three categories of offences:
* Minor offences, the vast majority of motoring offences, common assault, criminal damage where the value of damage is less than £5,000 etc. are triable summarily;
* Serious offences, murder, rape, robbery etc. are triable on indictment;
* Offences which are 'triable either way', theft, actual bodily harm, theft etc. In this case the magistrate's will decide which court the case should be heard in.
In the magistrate's courts all offences are tried summarily, without a jury, by a 'bench' of magistrates or a district judge. The 'bench' is made up of between two and seven magistrates, usually there are three. These magistrates are not legally trained; they are unpaid and tend to be prominent members of the community. They are referred to as 'lay' magistrates or 'justices of the peace'. District judges (known as Stipendiary Magistrates until August 2000) are qualified lawyers who are employed full time and salaried and must have at least seven years experience as a barrister or solicitor.
Certain magistrate's courts are designed as youth courts. Such a court is composed of specially trained justices and deals only with charges relating to children and young persons under the age of 18. It sits apart from other courts and is not, unlike other courts, open to the public. It consists of not more than three justices including one man and one woman.
Once in court the defendant is asked to plead 'guilty' or 'not guilty'. Where a 'guilty' plea is offered, sentencing will begin. If the defendant pleads 'not guilty' a trial will begin. The prosecution ...
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Certain magistrate's courts are designed as youth courts. Such a court is composed of specially trained justices and deals only with charges relating to children and young persons under the age of 18. It sits apart from other courts and is not, unlike other courts, open to the public. It consists of not more than three justices including one man and one woman.
Once in court the defendant is asked to plead 'guilty' or 'not guilty'. Where a 'guilty' plea is offered, sentencing will begin. If the defendant pleads 'not guilty' a trial will begin. The prosecution outlines the facts and shows the court the evidence. Witnesses may be called to corroborate the facts and answer questions from the defence. It is up to the prosecution to prove the defendant is guilty, if the magistrate has reasonable doubt he must acquit the defendant. If the accused is found guilty they begin sentencing.
Magistrates have limited powers when it comes to the type of sentences they are allowed to impose. They are guided by the Magistrates Association and the Home Office on appropriate sentences but they are not bound the guidelines. Some motoring offences carry mandatory sentences but generally the extent of the punishment is at the discretion of the magistrate and subject only to the maximum limits imposed by parliament, this has led to some disparity in sentencing. Magistrates can give sentences of up to six months and fine a person up to £5,000. If the offender is convicted of two or more offences at the same time the sentence of imprisonment can be extended to 12 months. The full range of powers that a magistrate can exercise is listed below:
* Absolute discharge If it is decided that no punishment is called for the magistrate can discharge the person absolutely and no further action is taken. It is still classified as a conviction.
* Conditional discharge The offender must not commit another offence within a specified time. If another offence is committed the defendant can be sentenced for the original offence.
* Deferred sentence Sentencing is delayed for up to six months, after which the case is re-assessed with regard to the conduct of the offender in that time.
* Binding over The court can order the offender to keep the peace and to be of good behaviour in the future. Sureties may be attached to the order which can be forfeited if the convicted fails to keep the peace, even if no actual offence is committed.
* Probation order The offender is allowed to remain in the community, under supervision. Conditions may be imposed such as remaining at a particular residence, or psychiatric treatment. If any conditions are breached the offender can be sentenced for the original offence.
* Fine This is the most common sentence used by magistrate's courts. Non-payment can be punished by imprisonment even if the offence did not carry a prison sentence.
* Immediate imprisonment The convicted is taken to prison immediately.
* Suspended
imprisonment A sentence of imprisonment is imposed but suspended for one to two years, to take effect only if the person is convicted within that time of an offence punishable by imprisonment.
* Hospital order If a person is convicted of an offence punishable by imprisonment, the court can make a hospital order whereby the offender can be detained in a mental hospital on evidence from two doctors that the offender is suffering from a mental illness.
* Community
service order The offender is ordered to perform specific unpaid work of benefit to the community for between 40 and 240 hours over a period of twelve months. Non compliance is dealt with by fines and/or imprisonment.
* Committal to Crown
Court If the magistrate's court believes a defendants offence deserves more than six months' imprisonment, the case is referred to the Crown Court for sentencing. The defendant is then remanded on bail or in custody to await sentence.
(Fitzgerald and Munice, 1983, pg 91-94)
The Crown Court was established in 1971 to replace the Assizes, where a High Court judge would travel around the country hearing cases. England and Wales are now divided into six 'circuits' with over ninety permanent centres. Each circuit is graded into tiers, first, second and third, and cases are directed to a tiered court according to the seriousness of the offence. Trials in the Crown Court are by a jury of twelve people chosen at random from the electoral register. They are guided on matters of the law by a judge, who is either a High Court judge, a Circuit judge or a Recorder. High court judges and circuit judges are employed full time but the recorders and assistant recorders are only employed part time. These judges must be formally qualified and have at least ten years experience of practicing as a barrister or solicitor. As with the choice of court, the choice of judge depends on the gravity of the offence.
When hearing an indictable offence, the Crown Court follows a slightly different procedure to that of the magistrate's court. The defendant is asked how they plead. If a 'guilty' plea is offered, sentence is given by the judge; if the plea is 'not guilty' the court must swear in a jury. The jury's role is to determine guilt or innocence beyond reasonable doubt, and if possible to return a unanimous verdict. However the Criminal Justice Act 1967 allows a judge to accept a majority verdict of at least 10:2. But it advises that the principle of unanimity must be upheld at all times and instructs the judge not to accept a majority verdict unless the jury have debated the case for at least two hours. If the jury cannot reach a decision the case must be re-tried with a different judge and jury.
Once the jury has been sworn in the prosecuting counsel opens the case. He outlines the facts and calls witnesses to give evidence to prove those facts. The witnesses can be cross-examined by the defence. The defence then presents its own case in return and calls its own witnesses who are liable to be cross examined by the prosecution. The accused person can be called by the defence but is under no obligation to give evidence. The prosecution then makes its closing remarks, followed by the defence. Then the judge 'sums up' and reminds the jury of the most important parts of the evidence for and against the accused.
If the jury find the defendant 'not guilty', he is acquitted. If he is found 'guilty' the judge proceeds to sentence him. The sentences available to the High Court judge are the same as to the magistrate but much more extensive, including life imprisonment and death. (Although the death penalty has been abolished for murder, it is still, theoretically, possible in cases of treason and piracy.) The far most common sentence handed out at Crown Court is immediate imprisonment; this is reflective of the seriousness of the crimes that are tried there.
The role of both courts in society is to deliver justice, and by way of sentencing, protect the public from dangerous citizens and dangerous behaviour. It is important for our communities that justice is seen to be done, both for our peace of mind and as a deterrent for anyone tempted to fall foul of the law.
References
Mike Fitzgerald and John Munice, System of Justice: An Introduction to the Criminal Justice System in England and Wales. Basil Blackwell 1983.
Bibliography
Michael Cavadino and James Dignan, The Penal System: An Introduction (third Edition), Sage 2002.
Mike Fitzgerald and John Munice, System of Justice: An introduction to the Criminal Justice System in England and Wales. Basil Blackwell 1983.
Paul H. Hahn, Emerging Criminal Justice: Three pillars for a proactive Justice System. Sage 1998.
Maguire, Morgan, Reiner, The Oxford Handbook of Criminology (second edition). Oxford University Press 1997.
