THE CRIMINAL AND CIVIL COURTS

INTRODUCTION

In the UK, the structure of the court system is divided into two distinct sectors,following the division between criminal and civil law. This chapter locates particular courts within the general hierarchical structure in ascending order of authority It is essential not just to be aware of the role and powers of the individual courts, but also to know the paths of appeal from one court to another within the hierarchy.

THE CRIMINAL COURT STRUCTURE

Crimes are offences against the law of the land and are usually prosecuted by the State. Criminal cases are normally cited in the form R v Brown. Cases are heard in different courts, depending on their seriousness. Offences can be divided into three categories, as follows:

• Summary offences are the least serious and are tried by magistrates, without recourse to a jury.

• Indictable offences are the most serious and are required to be tried before a judge and jury in the Crown Court.

• Either way offences, as their title suggests, are open to trial in either of the preceding ways. At the moment, the decision as to whether the case is heard in the magistrates’ court or the Crown Court is decided by the accused. The previous Labour Government twice attempted to introduce legislation to remove thedefendant’s right to elect for jury trial in relation to either way offences. On both occasions, the proposed Bills were defeated in the House of Lords. In his review of the criminal justice system, published in 2001, Sir Robin Auld also recommended that defendants should lose the right to insist on jury trial. However, it now appears that the Government has decided that the best way of reducing jury trials is by increasing the sentencing powers of magistrates’ courts from a maximum of six months to 12 months, with the introduction of a formal system of sentence discounts for those who plead guilty at an early stage

MAGISTRATES’ COURTS

The office of magistrate or justice of the peace dates from 1195, when Richard I appointed keepers of the peace to deal with those who were accused of breaking theKing’s peace. The JPs originally acted as local administrators for the King, in addition to carrying out their judicial responsibilities.

            There are approximately 700 magistrates’ courts in England and Wales, staffed by some 30,000 part time lay magistrates. In addition, there are 98 full time professional district judges who sit in cities and large towns. The latter used to be known as stipendiary magistrates. Magistrates are empowered to hear and decide a wide variety of legal matters, and the amount and importance of the work they do should not be underestimated. It has been estimated that up to 97% of all criminal cases are dealt with by the magistrates’ courts.

            Lay magistrates are not usually legally qualified and sit as a bench of three. Districtjudges are legally qualified and decide cases on their own. A bench of lay magistrates is legally advised by a justices clerk, who is legally qualified and guides the justices on matters of law, sentencing and procedure, even when not specifically invited to do so. The clerk should not give any opinion on matters of fact. Magistrates are independent of the clerks and the latter should not instruct the magistrates as to what decision they should reach.