The High Court, The Crown Court & Magistrates Court - Essay Example

Only on StudentShare

Extract of sample
The High Court, The Crown Court & Magistrates Court

All offences which can be tried in the Crown Court are known as indictable offences. The most serious indictable offences which must be tried in the Crown Court are known as indictable-only offences. There are other indictable offences, such as theft, which can, but need not, be tried in the Crown Court. These are known as either-way offences. Below the Crown Court, at the lowest rung of the criminal court hierarchy, are the inferior magistrates' courts. Proceedings in magistrates' courts are presided over either by a bench of lay justices of the peace, who sit with a legally qualified clerk, or by a legally qualified stipendiary magistrate. Magistrates' courts try the either-way offences which are not tried in the Crown Court and also summary offences. These are crimes created by statute which must be tried by a magistrates' court. An either-way offence cannot be tried in a magistrates' court unless the accused assents to this and a magistrates' court agrees that the summary procedure is appropriate. If the accused does not consent or the magistrates' court vetoes a summary trial the offence must be tried on indictment in the Crown Court regardless of whether the accused intends to plead guilty or not guilty. The only effect of a guilty plea is to make it unnecessary to empanel a jury in the Crown Court. ...
Download paper

Summary

Criminal trials in England and Wales take place at two levels. The most serious offences, such as murder, rape, and arson must be tried in the Crown Court, a unitary court, which is part of the Supreme Court and is a superior court of record. Trials in the Crown Court are presided over by a judge, who may be a High Court judge, a circuit judge, a recorder, or an assistant recorder…
Author : winfieldhowell

Related Essays

Colorado Juvenile Court Law
The juvenile justice system has been built incorporating the values of restorative justice as influenced by Judeo-Christian beliefs and traditional legal philosophies. However, the availability of handguns, drugs, and gangs has intensified the level of violence that erupts from the juvenile criminal element (Territo, Halsted, and Bromley, 2004, p.572). This paper will examine the laws of Colorado and evaluate the situations that invoke the application of the Colorado Discretionary Waiver provision as amended in 2007. It will make a determination as to the appropriateness of the law and the...
2 pages (502 words) Essay
Court Observations
The observations made by me in the Bennington District Court are categorised under body language and appearances, the messages conveyed by the body and the dressing patterns of the people at the hearing. However, every action depicted possesses a psychological perspective, that determines the observed actions of the people in question. Therefore, such observations can be supported with explanations, behind such reflexive body languages of people....
3 pages (753 words) Research Paper
Supreme Court
Upon the state's appeal, the Wisconsin Court of Appeals adhered to the suppression ruling in a decision of two-to-one....
4 pages (1004 words) Essay
Court Report
Investors who purchased a majority interest in a corporation did not commit fraud upon minority shareholder in either inducing him to execute employment and royalty contract, or during his subsequent performance under such contract; though following execution of contract investors failed to disclose their honest opinions on shareholder's job performance, failed to disclose facts concerning their attempts to sell corporation, and failed to disclose to prospective buyers corporation's potential liability to shareholder for enormous royalty benefits, such omissions and misrepresentations did not...
14 pages (3514 words) Case Study
Law - court
The tests were namely horizontal nystagmus test, walk and turn test, and one leg stand test....
2 pages (502 words) Essay
National Court
541). It effectively allows individuals to challenge actions by Member States or the EU institutions through the ECJ but obtain an effective remedy from his national court. Article 234 also provides guidance on what national courts should do in the event that an individual seeks to invoke his/her Community rights in order to challenge national law. This is necessary because...
7 pages (1757 words) Essay
Court , Newcastle Upon Tyne
The role of the Crown Court is to deal with the most serious criminal matters. which include cases which are sent to the Crown Court from magistrates courts or youth courts due to the seriousness of the offence. Sole entering in Court 3 of Newcastle-upon-Tyne Combined Court Centre shows very specific atmosphere of law, order and formality. Located in imposing building made of red brick and glass, Court center dominates the center of the town. Criminal court layout is typical for crown courts in United Kingdom. Room is dominated by judgeswearing colored gowns which are seated in the far end of...
2 pages (502 words) Essay
Got a tricky question? Receive an answer from students like you! Try us!