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Requirement
Visit a Crown Court and spend at least two hours observing proceedings in criminal cases which will then form the basis for a short report detailing and evaluating the entire experience.You can detail one experience or you can compare two different case visitsYou must provide properly referenced evidence for all of the claims/assertions you make – that means backing up your own opinions with evidence.
Solution
CROWN COURT- AN OVERLOOK
INTRODUCTION
There are two major functions that the courts in U.K. try to perform- 1. To resolve the dispute of the parties. 2. To interpret the law.Whenever a judgement is given in a particular case, it not only acts as a resolution to the dispute at hand but also as a precedent to be used in the future. The credibility of a precedent increases as it moves up the hierarchy of Courts. For eg. The judgement of a Supreme Court case would hold more weightage as an authority cited than the judgement of an unpublished Tribunal.
The Court Of Appeal, Crown Courts, High Court, Magistrates Courts and County Courts all come under the administration of “Her Majesty’s Courts and Tribunals Services. Crown Courtin the U.K. come under the Senior Courts of England and Wales along with the High Court of Justice and the Court Of Appeal. It is a single entity and sits in approximately 77 locations in England and Wales.
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CROWN COURTS- GENERALFEATURES
The Crown Court is both Court of First Instance and Court of Appeal in matters of criminal offences. It also try civil cases both originally, and in appeal in certain cases.
As a Court of first instance in criminal cases, it holds a higher position in the hierarchy. It was established by The Courts Act, 1971.(Anon., 2016) It is the only court in England and Wales with the jurisdiction to try cases on indictment. When trying such cases, it is hierarchically superior i.e. the judgement of a Crown Court in an indictment case cannot be reviewed by the Administrative Court on the High Court’s Queen’s Bench Division. When it comes to hearing cases on appeal from the Magistrates’ Court or other Tribunals, the Crown Court is inferior in hierarchy.The Crown Court handles cases of serious criminal offences or indictable offences. It also has the jurisdiction to hear appeals from Magistrates’ Court and can also sentence a person convicted of an offence by the Magistrates’ Court.(Anon., n.d.)
CROWN COURTS- STRUCTURE AND COMPOSITION
Normally, in a Crown Court, the judges who preside are High Court judges, Circuit judges and Recorders.The senior Circuit judges and High Court judges are the ones who are generally assigned the cases involving serious criminal offences such as murder, rape, treason, etc. The rest of the cases are normally tried by Recorders and Circuit judges.
There are three different types of Crown Court centre in accordance with the type of work they handle.(Anon., 2016)
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1. First-tier Centre- These are presided over by High Court judges for Crown Court criminal work and High Court civil work.
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2. Second-tier Centre- These are presided over by High Court judges for Crown Court criminal work only.
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3. Third-tier Centre- These are normally not presided over by High Court judges and take care of Crown Court criminal work only.
The Circuit judges and Recorders handle the Crown Court criminal work in all three types of centre.
A Crown Court consists of a judge or a bench of judges or lay magistrates who presides over the trial. “Lay magistrates” are basically person from the community.(Anon., 2016)Different forms of address are used for different judges also according to their ranks. A clerk of the court present in the courtroom heralds the entry or exit of the judge/s and everybody present in the courtroom stand till the judge settles/exits. A stenographer is also present in the courtroom to record the proceedings.
There is also an usher present to pass around any documentsor evidence to the judge/s, barristers or members of the jury. He is the only person in the courtroom to be walking around when the court is session.After the court staff come the prosecuting and defending barristers to be present in the courtroom with their instructing solicitors. The defendant/s has to be present in the courtroom and is placed with the custody officer in the courtroom in sight of the jury so as to be observed while giving evidence.
The courtroom also provides positions for members of the public to attend the hearings and a section for the press. However, the press is generally expected to come and declare themselves to the court usher first before taking their place.
CROWN COURT- JURISDICTION, FUNCTIONS AND APPEAL
The Crown Court deals with serious criminal cases which can be covered under four categories.
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1. Cases that have been sent by the Magistrates’ Court to be tried because the offences are ‘indictable’ only.
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2. ‘Either way’ offences which can normally be triable by a Magistrates’ Court but can also be transferred to a Crown Court if the accused chooses a trial by jury.
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3. Defendants that are convicted by a Magistrates’ Court but sent to the Crown Court for sentencing because of the severity of the offence.
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4. Appeals against the decision of the Magistrates’ Court.
The offences to be tried in the Crown Court are classified according to the severity of the offence and are similarly allotted to judges on the same basis.(portal, 2015)
1. Class 1 offences- These offences are to be tried by a High Court judge. These offences are for eg.
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Torture, hostage-taking or war crimes
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Genocide
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Murder
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Treason, etc.
2. Class 2 offences- These offences are generally tried by Circuit judges under the authority of the presiding judge. These offences are for eg.
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Infanticide
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Sexual intercourse with a girl under age 13.
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Manslaughter
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Sedition, etc.
3. Class 3 offences- These offences are generally tried by a Circuit judge or Recorder. The offences are those which are triable only on indictment.
4. Class 4 offences- These offences can be tried by the Circuit judges or Recorders. These offences are of the likes of armed robbery, burglary or causing grievous hurt, etc. (Anon., 2010)
The Crown Court also listens to appeals, mainly against convictions by a Magistrates’ Court in regard to the criminal offences. It can be orders such as an anti- social behaviour order. It has the power to allow or dismiss any appeal and make changes in parts or all of the sentence. Appeals are mostly heard by a Circuit judge sitting with a maximum number of four magistrates.
For appeals and committals of sentences, a judge presides over the court alone, otherwise both the judge/s and the jury is present.
CROWN COURT- PROCEEDINGS AND JUDGEMENT
The trial process in the Crown Court is generally as follows-
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The counsel for the prosecution opens the case.
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The prosecution presents its witnesses.
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The counsel for the defense presents its case
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The defense presents its witnesses.
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Counsel for the prosecution winds up its case.
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Counsel for the defense winds up its case.
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The judge sums up the trial to the jury
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The jury retires and then gives its verdict.(Executive, 2015)
After the prosecution has closed its case, the defense has an option, in the absence of the jury to make a submission to the judge that there is no evidence on the basis of which the defendant would be convicted by a prudent society. If the judge takes into consideration this submission then he may stop the jury and direct them to acquit the defendant. If the jury fails to reach a verdict, a decision needs to be made in regard to retrial.
Some cases which can be referred to observe the kind of judgements passed by the crown Court are-
1. Defendant- John Phillip McAleer, Case no. T20157184
The case was tried in the St. Albans Crown Court and presided over by Jus. Marie Catterson. The defendant, of age 25 was convicted for the attempted murder of his girlfriend by throwing her from the balcony of a relative’s house. He was held guilty and convicted for a term of 15 years- life imprisonment. (Anon., 2016)
2. Defendant- Kathryn- Helen Smith, Case no. T201587160
The case was tried in the Birmingham Crown Court and presided over by Mrs. Jus. Andrews, DBE.
The defendant, age 23 was convicted for the murder of her 21 month old baby girl in their bedroom. She was held guilty and convicted for a term of 24 years- life imprisonment. (Anon., 2016)
3. Defendant- Angela Price, Case no. T20157060
The case was tried in Lutton Crown Court and presided over by Jus. Richard Foster.
The defendant, age 62, was charged with 2 counts of child cruelty and 2 counts of willfully causing harm to child or vulnerable adult. She was found guilty for causing the death of 7 month old grandson by failing to provide him adequate care and convicted for a term of 8 years imprisonment.(Anon., 2015)
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Place Your OrderJUDICIAL REVIEW AND CONCLUSION
The legal system followed in the U.K. has been made so as to maximize the time efficiency of courts and resolve disputes in the fastest and most efficient manner possible. A judge’s job is not to form new laws but to interpret and impose existing laws on the people. A judge and jury look at the evidence provided to them and make an informed decision in regard to the defendant’s guilt.
When passing a sentence in a certain case, certain factors need to be taken into consideration such as the circumstances surrounding a particular case, the impact of the offence on the victim, any relevant laws, etc. these factors determine the severity of an offence, hence, the severity of the sentence to be passed.
When in cases aforementioned, it is the matter of the murder of unsuspecting and innocent children, the severity of the punishment is in consonance with the offence.
The jury gives its verdict after weighing the facts and evidence that are provided to them, judging them by their common sense. The judge takes into consideration the verdict of the jury and passes a sentence accordingly.it is also needed to make sure that the punishments suits the offence and is not in excess or too lenient. Such as, imprisonment is awarded to only those with serious offences. Other types are community sentences, fines and discharges. What is needed is to make sure that the efficiency of the courts does not decrease but increases and the resolution of disputes and that justice is imparted in a fair and just manner.
References
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Anon., 2010. sixthformlaw.info. [Online]
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Available at: http://sixthformlaw.info/01_modules/mod1/1_2_criminal_process_courts/1_2_2_criminal_courts/23_crown.htm
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[Accessed 12 April 2016].
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Anon., 2015. lawpages.com. [Online]
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Available at: http://www.thelawpages.com/court-cases/Angela-Price-16499-1.law
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[Accessed 13 April 2016].
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Anon., 2016. Courts and Tribunal Judiciary. [Online]
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Available at: https://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/crown-court/
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[Accessed 12 April 2016].
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Anon., 2016. lawpages.com. [Online]
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Available at: http://www.thelawpages.com/court-cases/John-Phillip-McAleer-17244-1.law
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[Accessed 12 April 2016].
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Anon., 2016. lawpages.com. [Online]
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Available at: http://www.thelawpages.com/court-cases/Kathryn-Helen-Smith-17297-1.law
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[Accessed 13 April 2016].
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Anon., 2016. UKLAWONLINE The Administration of the Legal System. [Online]
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Available at: http://www.leeds.ac.uk/law/hamlyn/courtsys.htm
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[Accessed 12 April 2016].
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Anon., 2016. Wikipedia. [Online]
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Available at: https://en.wikipedia.org/wiki/Courts_of_England_and_Wales#Senior_Courts_of_England_and_Wales
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[Accessed 12 April 2016].
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Anon., n.d. FindLawUK. [Online]
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Available at: http://findlaw.co.uk/law/dispute_resolution/courts_system/court_and_tribunals/overview-of-uk-courts-and-tribunals-system.html
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[Accessed 12 April 2016].
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Executive, H. a. S., 2015. hse.gov.uk. [Online]
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Available at: http://www.hse.gov.uk/enforce/enforcementguide/court/crown-court.htm#trial
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[Accessed 13 April 2016].
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portal, g., 2015. gov.uk. [Online]
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Available at: https://www.gov.uk/courts/crown-court
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[Accessed 13 April 2016].
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