Criminal courts.
Magistrates' Courts. Every person charged, with an offence is summoned to
appear before a local Magistrates' Court, which may impose a fine up to a
general limit of 2,000 pounds or six months' imprisonment.
With 98 per cent of cases the magistrates on the bench decide on guilty
or innocence, and if necessary, what penalty to impose.
With more serious cases the magistrates can decide only to send them
for trial in a Crown Court, where the decision on guilt or innocence will
be made by a jury of twelve citizens chosen by chance, and if necessary,
the penalty will be decided by the presiding judge, helped by two Justices
of the Peace (JPs).
A person accused before a Magistrates' Court may demand to be sent for
trial before a Crown Court, even if the case is not serious.
A Magistrates' Court normally consists of three JPs.
The JPs are ordinary but worthy citizens have been appointed to their
positions by the Lord Chancellor on the advice of local appointing
committees.
JPs receive no payment for their work.
In the courts the JPs are advised on points of law by their clerks, who
are professional lawyers; otherwise they decide each case according to
their sense what is fair and reasonable.
Crown Courts. When a criminal case is not dealt with finally in a
Magistrates' Court, it goes for trial in a Crown Court.
The court is presided over by a judge, but the decision on guilt or
innocence is made by a jury of twelve citizens.
The judge's functions are, first, to see that the trial is properly
conducted; second, to give guidance to the jury before asking it for its
verdict and finally, if the jury finds the accused guilty, to decide upon
the penalty and pronounce a sentence.
For this last decision the judge is helped by two JPs who have been
sitting beside him throughout the proceedings.
Judges are either practicing or former barristers who all are
qualified, professional and experienced lawyers and are paid for their
work.
Twelve local citizens serve as members of the jury.
A person accused cannot be found to be guilty except by the verdict of
at least ten of the twelve members of the jury.
Normally the jury do agree, though sometimes only after some hours of
discussion.
If the jury finds the accused guilty, then it is for the judge to
pronounce a sentence.
The accused may appeal to the Court of Appeal against conviction or
sentence.
The Court of Appeal does not hear witnesses other than in exceptional
circumstances.
The Crown Courts act also as the appeal courts against both conviction
and sentences by magistrates.
When the appeal is against conviction, a judge re-hears all the
evidence that witnesses have already given in the lower court, but there is
no jury.
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