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criminal courts and lay people - Coggle Diagram
criminal courts and lay people
two courts where trials for criminal cases are heard:
the Magistrates and the Crown court
if D pleads guilty to the charge then they're given a sentence but if D pleads not guilty, there'll be a trial to decide whether D is or isn't guilty.
the burden of proof is on the prosecution to prove the case
beyond reasonable doubt
the style of the trial is adversarial. prosecution & defence present their cases whilst cross-examining each others witnesses.
role of judge/magistrate = referee; oversees the trial, making sure legal rules & principles are followed & applied correctly
judge/magistrate cannot investigate the case/ask to see additional witnesses
guilt is decided by:
a district judge/by lay magistrate in Magistrates' Court
a jury in the Crown Court
2.1.1
jurisdiction of Magistrates' Court
roughly 160 Magistrates' Courts in England and Wales
they were established as local court which deal with cases that have a connection with their geographical area
cases are heard by magistrates who may 1) be legally qualified district judge or 2) an non-legally qualified lay magistrates (also called justices)
jurisdiction:
1) to try all summary cases
2) try any triable either way cases that can be dealt with in the Magistrates Court
3) deal with first hearing of all indictable offence (these cases then immediately sent to Crown Court)
4) deal with all preliminary matters connected to criminal cases, e.g. issuing warrants for arrest & deciding bail applications
5) try cases in the Youth Court where D are aged 10-17 inclusive
2.1.2
Jurisdiction of the Crown Court
crown court sits in about 84 different location in England and Wales
deals with indictable/serious offences
also deals with triable either way offence sent for trial from Magistrates Court
judge sits alone to hear pre-trial matters in cases at crown court; also if D pleads guilty
if D pleads not guilty, jury is used to decide verdict
judge will:
1) control the court
2) rule on relevant issues of law
3) direct the jury on law & evidence
4) impose sentence in D is found guilty
2.1.3
Classification of Criminal offences