criminal courts and lay people

• criminal process

  • heard in either magistrates or crown court, depending on crime involved.
  • if D pleads guilty they will be sentenced otherwise face a trial.
  • burden of proof is on the prosecution who must prove that the defendant is guilty beyond reasonable doubt.
  • trial is adversarial, P+D presenting cases + examining each other's witnesses.
  • role of judge is akin to a referee - must ensure that legal rules are followed correctly.
  • guilt will be decided by either district judge or lay magistrates in magistrates court or a jury in the crown court.
• jurisdiction of magistrates court

  • deal with cases that have a connection with local area.
  • try all summary cases, also try triable either way offences, where they've accepted jurisdiction or D has agreed to have trial there.
  • cases are heard by district judge or non-legally qualified lay magistrates.
  • deal with the first hearing of all indictable cases - then immediately sent to crown court
  • deal with all preliminary hearings connected to criminal cases - issue warrants, decide bail, sentence up to 12 months.
  • try cases in youth court.