The role of judges in criminal courts

• The general role of a judge in a criminal case is to oversee the case and ensure that correct procedures are followed, to rule on points of law that arise, to direct the jury on the law and the evidence, and if the defendant is found guilty a sentence will need to be passed.
• In the magistrate's court, a distrcit jduge can sit on their own to decide:

  1. The Defendant's guilt
  2. the sentence for the defendant
• A district judge has the same sentencing powers of lay magistrates
• In the crown court, a judge will:

  1. sit with a jury when a defendant pleads not guilty to an either way offence or indictable offense
  2. decide on legal issues in the case, and direct the jury on them
  3. decide on the sentence where a defendant pleads or is found guilty
  4. take into account legal submissions on behalf of the defendant and consider reports
• A convicted defendnat can appeal to the criminal court of appeal against their sentence and/or conviction. three judges will hear legal arguments from both the prosecution and defense and can either confirm the original decision, vary the sentence or find the defendant not guilty. the judges can also order a retrial
• A further appeal against the decision of the criminal court of appeal can be taken to the supreme court, but only when leave is granted, as there is an issue of general public importance to be decided. Here, 5 justices will hear legal arguments from both the prosecution and defence, and no evidence is heard. the court can either agree, overrule the decision of the court of appeal. they do not make a decision on the sentence.