Criminal Courts & Prisons
Criminal Justice: An Overview
Two components of justice:
1.Outcome of conflict
2.Exercise of authority through procedures
Official Duties of Law & Order
•Crime prevention and reduction
•Arrest and prosecution of suspects
•Hearing of criminal cases by courts
•Sentencing and administrating, and enforcement of court orders
•Parole and other forms of license for prisoners
•Work with offenders in prison/community
Criminal Courts & Prisons
• Summary offences: Less serious crimes – criminal damage, drugs, theft/shoplifting = magistrate’s
court
• Indictable Offences: Serious crimes – homicide/murder, sexual violence, robbery, drug supply =
Crown court
• Triable Either Way Offences: High value theft, burglary, unlawful wounding = defendant chooses
court
Adversarial System
• Prosecution and defence are opponents based on accusation and challenge ‘adversaries.
• The trial is the distinctive feature of adversaries
• Trial process relies on oral evidence from witnesses
• Innocent until proven guilty, burden of proof
, Criticisms
Courtroom drama + power of persuasion
Sometimes said they focus on evidential proof
Relevant witnesses not always available
The lower courts: Powers, procedures and personnel
How are cases heard in the magistrates’ courts?
• A bench of 3 ‘lay’ magistrates, part time and voluntary supported by court clerk.
• A senior magistrate chairs the bench and speaks on behalf of all 3 but equal power.
• One district judge – full time professional barrister or solicitor who must have 7 years of
experience – they sit in judgement alone.
• A specially trained panel of magistrates sits in the youth court
• Involvement of lay people means the public play a part in the administration of justice and
sentencing (Participatory democracy).
• Magistracy considered independent of other interests
• Lay magistrates are not qualified and do not represent diversity
The Higher Courts: Trial by Jury – Challenges & Considerations
• Universal Declaration of Human Rights 1948 – the right to a fair trial (article 6 of European
Convention of Human Rights)
• The right to be tried by your peers
• Right to have a trial by jury only possible if sentence exceeds 2 years
• Appeals against conviction or sentences passed by lower courts
• Number of cases going to court decreasing significantly each year
• Less than 1% of total cases coming through courts experience trial by jury (Sanders et al, 2010:
554)
• High rate of guilty pleas = no need for a trial
• Juries represent democratic governance – acts as symbol of justice, impartial and independent
decision-making
• 12 randomly selected by Electoral Register – “reasonably socially representative aged 18-70”
(Pakes, 2017)
Criminal Justice: An Overview
Two components of justice:
1.Outcome of conflict
2.Exercise of authority through procedures
Official Duties of Law & Order
•Crime prevention and reduction
•Arrest and prosecution of suspects
•Hearing of criminal cases by courts
•Sentencing and administrating, and enforcement of court orders
•Parole and other forms of license for prisoners
•Work with offenders in prison/community
Criminal Courts & Prisons
• Summary offences: Less serious crimes – criminal damage, drugs, theft/shoplifting = magistrate’s
court
• Indictable Offences: Serious crimes – homicide/murder, sexual violence, robbery, drug supply =
Crown court
• Triable Either Way Offences: High value theft, burglary, unlawful wounding = defendant chooses
court
Adversarial System
• Prosecution and defence are opponents based on accusation and challenge ‘adversaries.
• The trial is the distinctive feature of adversaries
• Trial process relies on oral evidence from witnesses
• Innocent until proven guilty, burden of proof
, Criticisms
Courtroom drama + power of persuasion
Sometimes said they focus on evidential proof
Relevant witnesses not always available
The lower courts: Powers, procedures and personnel
How are cases heard in the magistrates’ courts?
• A bench of 3 ‘lay’ magistrates, part time and voluntary supported by court clerk.
• A senior magistrate chairs the bench and speaks on behalf of all 3 but equal power.
• One district judge – full time professional barrister or solicitor who must have 7 years of
experience – they sit in judgement alone.
• A specially trained panel of magistrates sits in the youth court
• Involvement of lay people means the public play a part in the administration of justice and
sentencing (Participatory democracy).
• Magistracy considered independent of other interests
• Lay magistrates are not qualified and do not represent diversity
The Higher Courts: Trial by Jury – Challenges & Considerations
• Universal Declaration of Human Rights 1948 – the right to a fair trial (article 6 of European
Convention of Human Rights)
• The right to be tried by your peers
• Right to have a trial by jury only possible if sentence exceeds 2 years
• Appeals against conviction or sentences passed by lower courts
• Number of cases going to court decreasing significantly each year
• Less than 1% of total cases coming through courts experience trial by jury (Sanders et al, 2010:
554)
• High rate of guilty pleas = no need for a trial
• Juries represent democratic governance – acts as symbol of justice, impartial and independent
decision-making
• 12 randomly selected by Electoral Register – “reasonably socially representative aged 18-70”
(Pakes, 2017)
