P1- The Court Hierarchy Muhammed Awais
The Court Hierarchy
Criminal Courts
Magistrates Court
There are 3 lay magistrates which sit in this court. The lay magistrates have no legal qualification. But there is
usually one legal qualified clerk which advises the magistrates. In this court they will hear all summary cases,
they will also hear some either way offences. The magistrates hear 97% off all criminal cases. Before deciding
whether to pursue a case the magistrate’s court holds a mode of trial hearing. This is when the judges will decide
in which court the case will be heard. They can sentence a criminal for 6 months and they can give an
unlimited fine. But if someone is too commit two or crimes and are convicted they can then give a 12 month
sentence. There are also some preliminary cases which the magistrates court looks at, they are whether to give
bail, whether to provide legal aid and lastly to provide a search and arrest warrant. The Magistrates court
considers a few factors before it takes on the case, they consider the nature of the case, they see if the case is too
serious for them to work with, they see if the sentence which they are to give is enough sentencing for the crime
committed and lastly there are other circumstances which they consider. The magistrate’s court could also
follow the case and then send the case to crown court for only sentencing as they believe they don’t have the
power to sentence them. Lastly the defendant in the court could do a defendant election so that they are moved
from magistrate court to crown court.
There is also a youth court in the magistrate’s court, the youth court will deal with criminal cases where the
defendants are aged from 10 – 17 years. But the magistrate’s court don’t comment on murder as the crown court
deals with murder cases. Also there are specially trained magistrates which will sit in this court, there is one man
and one women who must sit in this court.
Crown Court
There is one judge and a jury which sits in the crown court. The judge is a legally qualified judge and the jury
are the members of the public which are chosen to decide the verdict of the case. This court is a criminal court
and an appeal court. The crown court deals with all felonious cases such as murder, robbery and rape. They also
deal with either way offences. The defendant can also be tried by the crown court if there is a defendant election
in the magistrate’s court. This is when the defendant votes to be tried by a jury. There are also some cases
which are sent by the magistrate’s court to crown court for sentencing. This happens if the magistrate’s court
believes that the guilty culprit should be given a harsher sentencing and the magistrate’s court doesn’t have the
power to give such punishment. For either way offences the crown court will only deal with them if, when the
mode of trial is held and the magistrate court decides they cannot pursue the case. In the crown court the jury
will decide the verdict of the case and the judge will decide the sentencing for the case. In the crown court they
can sentence a criminal to life imprisonment and an unlimited fine. This shows why the magistrates may send a
case to the crown court as they have harsher punishments. As the crown court is also an appeal court they will
hear appeals from the magistrate’s court. The convicted person will appeal to the crown court against their
sentence or conviction.
High Court (Queen’s Bench Division)
This high court hears appeals from any court which has had identified an issue with the law, which caused there
to be a miscarriage of justice. This could be due to there being an error in the law. They hear appeals if the court
decides that there has been mistake in the law and also if the defendant can also appeal to the court. In this court
there are two to three high court judges, this case will not involve for them to hear the case again but in fact,
they will look at the statements from the courts which appealed. For this reason no witnesses will be called. An
appeal will also be made from the Queen’s Bench Division if the point of law is of public importance. They will
hear appeals from every court when there is found to be problem with the law.
The Court Hierarchy
Criminal Courts
Magistrates Court
There are 3 lay magistrates which sit in this court. The lay magistrates have no legal qualification. But there is
usually one legal qualified clerk which advises the magistrates. In this court they will hear all summary cases,
they will also hear some either way offences. The magistrates hear 97% off all criminal cases. Before deciding
whether to pursue a case the magistrate’s court holds a mode of trial hearing. This is when the judges will decide
in which court the case will be heard. They can sentence a criminal for 6 months and they can give an
unlimited fine. But if someone is too commit two or crimes and are convicted they can then give a 12 month
sentence. There are also some preliminary cases which the magistrates court looks at, they are whether to give
bail, whether to provide legal aid and lastly to provide a search and arrest warrant. The Magistrates court
considers a few factors before it takes on the case, they consider the nature of the case, they see if the case is too
serious for them to work with, they see if the sentence which they are to give is enough sentencing for the crime
committed and lastly there are other circumstances which they consider. The magistrate’s court could also
follow the case and then send the case to crown court for only sentencing as they believe they don’t have the
power to sentence them. Lastly the defendant in the court could do a defendant election so that they are moved
from magistrate court to crown court.
There is also a youth court in the magistrate’s court, the youth court will deal with criminal cases where the
defendants are aged from 10 – 17 years. But the magistrate’s court don’t comment on murder as the crown court
deals with murder cases. Also there are specially trained magistrates which will sit in this court, there is one man
and one women who must sit in this court.
Crown Court
There is one judge and a jury which sits in the crown court. The judge is a legally qualified judge and the jury
are the members of the public which are chosen to decide the verdict of the case. This court is a criminal court
and an appeal court. The crown court deals with all felonious cases such as murder, robbery and rape. They also
deal with either way offences. The defendant can also be tried by the crown court if there is a defendant election
in the magistrate’s court. This is when the defendant votes to be tried by a jury. There are also some cases
which are sent by the magistrate’s court to crown court for sentencing. This happens if the magistrate’s court
believes that the guilty culprit should be given a harsher sentencing and the magistrate’s court doesn’t have the
power to give such punishment. For either way offences the crown court will only deal with them if, when the
mode of trial is held and the magistrate court decides they cannot pursue the case. In the crown court the jury
will decide the verdict of the case and the judge will decide the sentencing for the case. In the crown court they
can sentence a criminal to life imprisonment and an unlimited fine. This shows why the magistrates may send a
case to the crown court as they have harsher punishments. As the crown court is also an appeal court they will
hear appeals from the magistrate’s court. The convicted person will appeal to the crown court against their
sentence or conviction.
High Court (Queen’s Bench Division)
This high court hears appeals from any court which has had identified an issue with the law, which caused there
to be a miscarriage of justice. This could be due to there being an error in the law. They hear appeals if the court
decides that there has been mistake in the law and also if the defendant can also appeal to the court. In this court
there are two to three high court judges, this case will not involve for them to hear the case again but in fact,
they will look at the statements from the courts which appealed. For this reason no witnesses will be called. An
appeal will also be made from the Queen’s Bench Division if the point of law is of public importance. They will
hear appeals from every court when there is found to be problem with the law.
