The Crown Court

Magistrates' courts

All criminal court cases start in a magistrates’ court. Depending on the crime a person has been charged with, his case will either: start and finish in a magistrates' court or start in a magistrates' court but finish in a ‘higher’ court - normally the Crown Court.

There are some offences - for example, rape - that are so serious that a magistrates’ court is not allowed to deal with them.

If a person is charged with a serious offence he is either bailed or remanded in custody by the magistrates’ court. His case is sent to the Crown Court straight away.

A magistrates’ court has either: three magistrates - they don’t have formal legal qualifications but are volunteers trained for the role or a district judge - who is legally trained and normally deals with more complicated cases. There is also a court legal adviser who makes sure that the right court procedures are followed.

A magistrates’ court is less formal that a Crown Court - for example, magistrates and judges do not wear gowns or wigs. There is no jury (members of the public who decide whether you are guilty or not guilty) but the court is open to the public.

Some offences (known as ‘summary offences’) are dealt with only by magistrates’ courts. These include: most motoring offences, minor theft - like stealing from a shop, minor ‘public order’ offences (like being drunk and disorderly).

Magistrates’ courts can deal with more serious crimes, known as ‘either way’ offences. This means they can be dealt with by either a magistrates’ court or a Crown Court. More serious crimes include: burglary, drugs offences, handling stolen goods.

The maximum punishment in a magistrates’ court for a single summary offence or an either way offence is: six months in prison, and/or a fine of up to £5,000 (£2,000 in Northern Ireland). It’s possible to get a prison sentence of up to 12 months if you’re found guilty of more than one summary or either way offence.

The Crown Court

The Crown Court deals with more serious criminal cases such as murder, rape or robbery, some of which are on appeal or referred from magistrates' courts. It happens when a person is found guilty in a magistrates’ court but deserves a sentence that’s more than the court can give (this case is sent to the Crown Court for sentencing) or when a person disagrees with a magistrates’ court verdict, he can appeal against the decision in the Crown Court.

Offences tried in the Crown Court are divided into three classes of seriousness.

Class 1 offences are the most serious. They include treason and murder, and are generally heard by a High Court Judge.

Class 2 offences include rape, and are usually heard by a circuit judge, under the authority of the Presiding Judge.

Class 3 includes all other offences, such as kidnapping, burglary, grievous bodily harm and robbery, which are normally tried by a circuit judge or recorder.

Trials are heard by a judge and a 12 person jury.They are members of the public who decide whether a person is guilty or not guilty. If a person is found guilty by a jury, a judge decides what sentence a person is given.

The Crown Court is more formal than magistrates’ courts - for example, the judge wears a gown and wig. The court is open to the public.

The Crown Court – unlike the county and magistrates’ courts - sits in 77 court centres across England and Wales.

Дата добавления: 2015-10-29