Criminal Investigations
Tutor: DAVID FENNEY
Importance of Working
Within the Legal
Framework
___
By Marco Davies
, 2
Table of Contents
The Criminal Court System..........................................................................................................7
The Magistrates Court............................................................................................................. 7
Key Figures Present at the Magistrates Court and Their Roles................................................7
i. The Magistrates.............................................................................................................. 7
A magistrate’s court contains a panel of three magistrates who have the job of hearing
the evidence presented, deliberating on a verdict, and implementing a sentence to the
defendant if found guilty. While each member of the panel has an equal role/amount of
power there is only one magistrate who will address the court called the ‘presiding
magistrate’. Magistrates are members of the local community who are unpaid and
volunteer 13 days a year to process criminal proceedings at a lower level than the crown
court. Magistrates are not legally trained professionals but do receive updated training
surrounding the law and relevant sentencing guidelines. Three magistrates are present at
summary trials and can come to a unanimous verdict or a 2:1 verdict on either guilty or
not guilty as there is no jury. Magistrates are referred to as ‘your worship’ within the
courtroom and are not required to wear gowns or wigs during proceedings. You may also
hear magistrates being called ‘judges of the facts’/’judges of the law’................................7
ii. The Legal Advisor..........................................................................................................8
, 3
The legal advisor is a fully trained legal professional who advises the magistrates on points
of the law when required. Sometimes called the ‘magistrates’ clerk’ the legal adviser sits in
front of the panel of magistrates. They ensure that the proceedings run lawfully and
smoothly while also reading the offence to the defendant and asking them to enter their
plea......................................................................................................................................... 8
................................................................................................................................................ 8
iii. The Court Ushers..........................................................................................................8
The court ushers are responsible for the comings and goings in court. They will call the
defendant or witnesses from the waiting area into the court and to the witness box; once
there the usher will administer the oath or the affirmation. Additionally, they are
required to pass exhibits in the case around the courtroom...............................................8
iv. The Crown Prosecution Service.....................................................................................8
The crown prosecution service or CPS provide the evidence against the defendant on behalf
of the police to secure a conviction. Prior to the summary trial the CPS advise the police in
their early investigations, deciding which cases presented by the police are sufficient for
prosecution and which are classed as no further action (NFA). They also help determine
what charges to pursue and prepare for the trial at either the magistrates or crown court.
The decision to prosecute is made with the full code test; the full code test contains two
stages used to conclude whether to prosecute. Firstly, is there sufficient evidence to stand a
realistic chance of conviction on all the charges against the defendant? Secondly, is it in the
public interest for the case to be brought to court? If either of these questions are not fully
satisfied, then the case will be classed as NFA. There are many factors that need to be taken
into consideration when choosing to prosecute some of which include premeditation; the
defendant's mental and physical health at the time of the offence; impact on the local
community; the victim of the offence (elderly, children, or vulnerable persons); if the
defendant themselves is a vulnerable person; previous convictions of a similar nature; and
others. While the final sentence is decided by the magistrates, the CPS can bring to their
attention any victim personal statements, evidence that the community was impacted by the
offence and any aggravating or mitigating factors..................................................................8
v. Defense Solicitor............................................................................................................ 8
Tutor: DAVID FENNEY
Importance of Working
Within the Legal
Framework
___
By Marco Davies
, 2
Table of Contents
The Criminal Court System..........................................................................................................7
The Magistrates Court............................................................................................................. 7
Key Figures Present at the Magistrates Court and Their Roles................................................7
i. The Magistrates.............................................................................................................. 7
A magistrate’s court contains a panel of three magistrates who have the job of hearing
the evidence presented, deliberating on a verdict, and implementing a sentence to the
defendant if found guilty. While each member of the panel has an equal role/amount of
power there is only one magistrate who will address the court called the ‘presiding
magistrate’. Magistrates are members of the local community who are unpaid and
volunteer 13 days a year to process criminal proceedings at a lower level than the crown
court. Magistrates are not legally trained professionals but do receive updated training
surrounding the law and relevant sentencing guidelines. Three magistrates are present at
summary trials and can come to a unanimous verdict or a 2:1 verdict on either guilty or
not guilty as there is no jury. Magistrates are referred to as ‘your worship’ within the
courtroom and are not required to wear gowns or wigs during proceedings. You may also
hear magistrates being called ‘judges of the facts’/’judges of the law’................................7
ii. The Legal Advisor..........................................................................................................8
, 3
The legal advisor is a fully trained legal professional who advises the magistrates on points
of the law when required. Sometimes called the ‘magistrates’ clerk’ the legal adviser sits in
front of the panel of magistrates. They ensure that the proceedings run lawfully and
smoothly while also reading the offence to the defendant and asking them to enter their
plea......................................................................................................................................... 8
................................................................................................................................................ 8
iii. The Court Ushers..........................................................................................................8
The court ushers are responsible for the comings and goings in court. They will call the
defendant or witnesses from the waiting area into the court and to the witness box; once
there the usher will administer the oath or the affirmation. Additionally, they are
required to pass exhibits in the case around the courtroom...............................................8
iv. The Crown Prosecution Service.....................................................................................8
The crown prosecution service or CPS provide the evidence against the defendant on behalf
of the police to secure a conviction. Prior to the summary trial the CPS advise the police in
their early investigations, deciding which cases presented by the police are sufficient for
prosecution and which are classed as no further action (NFA). They also help determine
what charges to pursue and prepare for the trial at either the magistrates or crown court.
The decision to prosecute is made with the full code test; the full code test contains two
stages used to conclude whether to prosecute. Firstly, is there sufficient evidence to stand a
realistic chance of conviction on all the charges against the defendant? Secondly, is it in the
public interest for the case to be brought to court? If either of these questions are not fully
satisfied, then the case will be classed as NFA. There are many factors that need to be taken
into consideration when choosing to prosecute some of which include premeditation; the
defendant's mental and physical health at the time of the offence; impact on the local
community; the victim of the offence (elderly, children, or vulnerable persons); if the
defendant themselves is a vulnerable person; previous convictions of a similar nature; and
others. While the final sentence is decided by the magistrates, the CPS can bring to their
attention any victim personal statements, evidence that the community was impacted by the
offence and any aggravating or mitigating factors..................................................................8
v. Defense Solicitor............................................................................................................ 8
