The Court System of the UK

(1) The initial decision to bring a criminal charge normally lies with the police, but since 1986 a Crown Prosecution Service (CPS) has examined the evidence on which the police have charged a suspect to decide whether the case should go to court. Generally it brings to court only those cases which it believes will be successful, a measure to avoid the expense and waste of time in bringing unsound cases to court. However, the collapse of several major cases and the failure to prosecute in other cases have both led to strong criticism of the CPS.

(2) There are two main types of court for criminal cases: Magistrates' Courts (or 'courts of first instance'), which deal with about 95 per cent of criminal cases, and Crown Courts for more serious offences. All criminal cases above the level of Magistrates' Courts are held before a jury. Civil law covers matters related to family, property, contracts and torts (wrongful acts suffered by one person at the hands of another). These are usually dealt with in County Courts, but specialised work is concentrated in certain designated courts. The High Court deals with more complicated cases and is divided into three: the Family Division, which deals with family law, divorce and adoption; Chancery, which deals with corporate and personal insolvency, interpretation of trusts and wills; and the Queen's Bench, which deals with contract and tort cases, maritime and commercial law.

(3) There are about 400 Magistrates' Courts in England and Wales, served by approximately 30,000 unpaid or 'lay' magistrates or Justices of the Peace (JPs), who have been dealing with minor crimes for over 600 years. JPs are ordinary citizens chosen from the community. They are appointed by the Lord Chancellor, but on the recommendation of advisory committees of local people. These committees sometimes advertise for applicants. They are required not only to interview, but to make their selection not only on suitability but also ensuring that composition of 'the Bench' broadly reflects the community it serves. In recent years women and members of ethnic minority communities have been recruited to moderate the once overwhelmingly white, male, character of the JP cadre.

(4) A court normally consists of three lay magistrates who are advised on points of law by a legally qualified clerk. They may not impose a sentence of more than six months imprisonment or a fine of more than £5,000, and may refer cases requiring a heavier penalty to the Crown Court.

(5) A Crown Court is presided over by a judge, but the verdict is reached by a jury of 12 citizens, randomly selected from the local electoral rolls. The judge must make sure that the trial is properly conducted, that the 'counsels' (barristers) for the prosecution and defence comply with the rules regarding the evidence that they produce and the examination of witnesses, and that the jury are helped to reach their decision by the judge's summary of the evidence in a way which indicates the relevant points of law and the critical issues on which they must decide in order to reach a verdict. Underlying the whole process lies the assumption that the person charged with an offence is presumed to be innocent unless the prosecution can prove guilt 'beyond all reasonable doubt'. Recent complex cases involving financial fraud have opened a debate as to whether certain kinds of case should be tried by a panel of experts capable of understanding fully what a case involves.

(6) A person convicted in a Magistrates' Court may appeal against its decision to the Crown Court. If unsuccessful, the appeal may be taken to the Court of Appeal (Criminal Division), but seldom obtains a reversal. The Court of Appeal dislikes overturning a Crown Court decision unless the evidence is overwhelming or there has been some error of legal procedure. The highest court in the land is the House of Lords, which will consider a case referred from the Court of Appeal where a point of general public importance seems to be at stake. In practice the Lords are represented by five or more of the nine Law Lords.

/Adapted from Britain in Close-up. David McDowall/

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Date: 2015-12-11; view: 2139