Hearing Appeals Against Decisions Of Magistrates’ Courts

* In the criminal courts a judge and sometimes a jury hears a witnesses testimony and other evidence and decide cases by applying relevant law to the relevant facts. People who are not satisfied with a trial court decision appeal cases to judges in the appellate courts.

The Magistrates’ role was to hear the evidence of distinct cases, criminal or civil matters and decide whether the accused is guilty or not guilty to an offence as charged and decide the penalty that will be given to those that are found guilty or plead guilty to an offence. Moreover, the Magistrate determined whether a case should go to a different court or to adjourn the case to another date.

The Courts and Judiciary of the victorian times were stern like today but had a poor system. The Magistrate decided what to do to the accused. If the Magistrate felt there was no case to answer, he could discharge the suspect. If the case was minor, the Magistrate could have the offence ‘summarily’ tried before two other

All magistrates begin their magisterial career in the adult court where they deal with crimes which can have the most widespread impact on communities; for example, anti-social behaviour and alcohol-related incidents. Magistrates’ courts are also the first stage in dealing with more serious crimes such as rape and murder, which are then referred on to the Crown Court.

Magistrates because they are not paid, will have to take time off work to attend their duties. Now, in a business environment, an employer may be rather annoyed if an employee had to continuously take time off work to attend their duties and would thus be difficult for that employee-especially if they are not to be paid whilst they are away. This loss of earning may discourage a person from becoming a magistrate. Whereas, if a magistrate is an employer or a senior employee in the business, they will more easily be able to take time off work to attend court. This relates to how they will be middle-aged and middle-minded. The training process is said to have not been adequate or effective enough. They are not in trained in broader ways and therefore lacking full knowledge. A risk with the magistrates is that although they may be able to empathise with the defendant, they are prosecution minded and more likely to believe the police. They may also be heavily reliant upon the clerk when in reality, the clerk can only advise them on certain aspects and interpret difficult points of law. A major disadvantage is the fact that there are inconsistencies within the sentencing of defendants. A defendant in Leeds charged with the same offence as the defendant in Bristol may receive a more lenient sentence. Additionally, the workload of the magistrates is incredibly heavy and would be

The next step in the ladder is the District Court; like the Local Court, it has both Criminal and Civil Jurisdiction, however it hears most indictable offences in jury trials. The Supreme Courts Trial Division has original civil and criminal jurisdiction, but it only hears the most serious of criminal cases (like murder or terrorism). Additionally, its’ Court of Appeal hears direct appeals from the District Court and Supreme Court trial division – it usually only hears appeals regarding questions of law and not fact.

The judge is the referee between the Crown and the defence who aim to prove their side of the story. The judge ensures both the prosecution and the defence meet the rules of evidence. Consequently, he decides whether the evidence provided

In this task I will write a report about comparing the roles of judges, lawyers and lay people within the English courts.

Magistrates pass the most serious crimes (e.g. murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be:

It is widely recognised that Australia’s System of decision making in the court is in need of significant reform, if the nation’s present and future need for fair justice is to be met.

The basic division in the structure of criminal courts is between the lower criminal courts – the local courts, Children’s court and Coroner’s court – and the higher criminal courts – the District Court and the Supreme Court. In observing proceedings at the Local, District and Supreme Courts over a period of three days a number of aspects of the criminal justice system were made apparent. The administration, processes and practices of the criminal trial are extremely varied dependent upon the level of criminal court being observed. The distinctions between the workings of the two courts revealed a number of the differences between summary proceedings and trial upon indictment. The cases observed served to

Prosecuting those who commit crimes is very important to the overall wellbeing of society and the citizens within society. Prosecuting and convicting criminals not only prevents them from committing another crime, it also serves as a deterrent to others that may be considering breaking the law. Many courts make up the judicial branch and these courts are responsible for applying laws made by the government. The courts are made up of courtroom workgroups that are the basis of the courts proceedings.

Unlike other members of the judiciary, their role and functions have limitations. As individuals, lay magistrates may authorise search and arrest warrants, but mainly their functions are performed as a bench of three. This may include hearing applications for bail or be in charge of committal proceedings. In trial, they decide the facts, the sentence and the law, though the concluding is under the advice of the justice's clerk.

This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.

You have been charged with an either way offence this means that you will get the choice as to whether you trial your case at the Magistrates or Crown Court. In this report I will evaluate the effectiveness of lay people presenting their advantages and disadvantages. I will also evaluate the jury system. As I have explained either way offences can either be very serious or very minor, which is why they are tried at the Crown Court or Magistrates’.