In this blog post, we will be considering the criminal court system of England and Wales, as well as what penalties and remedies it offers and the purpose of these. Knowing the court structure will help you to answer questions concerning the hierarchy of this, such as those about judicial precedent or appeals. Knowing what remedies are available and the purpose of them will be useful for both essay and problem scenarios.
We will start by examining the court structure, as this is a good starting point. We will then move on to consider the purpose of penalties and remedies, followed by looking at what is available in the criminal courts.
Criminal Court Hierarchy
Magistrates’ Court
All criminal cases will start off in a magistrates’ court. There will then be a preliminary hearing to decide which court the case should continue to. Criminal cases fall into three different categories – summary, indictable, and either-way. Summary offences are the least serious, such as motoring offences, and are heard in a magistrates’ court. Indictable offences are the most serious, such as murder, and are heard in the Crown Court. Finally, either-way offences are those that are somewhere in between in terms of seriousness and can be heard by either court.
Cases in a magistrates’ court are heard by two or three magistrates or a district judge. There is no jury in a magistrates’ court and proceedings are fairly informal, with no wigs or gowns. Most hearings are over in a few hours.
Crown Court
The Crown Court hears indictable offences and some either-way ones. It also hears appeals from magistrates’ courts and cases referred from the magistrates’ court for sentencing. Cases in the Crown Court are heard by a judge, who decides the sentence and what evidence can be shown, and a jury of 12 members of the public, who decide whether the defendant is guilty. Crown Court procedure is much more formal, with wigs and gowns, and the judge is addressed as “Your Honour”. Fellow barristers will call each other “my learned friend”.
Court of Appeal
The Court of Appeal (Criminal Division) hears appeals from the magistrates’ courts and the Crown Court. These may be appeals on verdict or sentencing. An appeal on verdict means that the court will consider whether proper procedure was followed in the original trial and whether there is any new evidence. An appeal on sentencing asks the Court of Appeal to consider if the sentencing court acted beyond their powers. Cases in the Court of Appeal are heard by a panel of up to three judges.
Supreme Court
In 2009, the Supreme Court replaced the House of Lords as the highest court in the hierarchy of England and Wales. Twelve judges, often called Law Lords, are overseen by a President and a Deputy and hear cases that are brought to the Supreme Court. They usually sit in a panel of five, although this can increase to as many as seven or nine in particularly difficult or important cases. These cases heard in the Supreme Court must be of public importance.
However, the Supreme Court doesn’t have the power to overturn primary legislation (that is, legislation made by Parliament. It can overturn secondary legislation by declaring it to be ultra vires (beyond the powers) if the piece of legislation has gone beyond the powers granted to it in the parent Act. The Supreme Court can also depart from or distinguish cases from existing judicial precedent in common law.
What is the Purpose of Penalties and Remedies?
Criminal law penalties and remedies aim to punish the offender. This is also supposed to discourage re-offending and deter others from offending in the first place. It aims to keep the balance in society and ensure that justice is done.
The purpose can also be twofold; for example, while prison sentences aim to deter others from offending, they also prevent the offender from re-offending while they are in prison. Fines both punish the offender and provide the funds for various schemes aimed to prevent that offence, such as fines from traffic offences being used to improve road safety. Community sentences can try to repair any damage done by the offender or make amends to the community that was wronged.
What Penalties and Remedies are Available?
One of the remedies or punishments available under criminal law is a prison sentence. This is where the offender will be given a sentence of a certain amount of time to serve in a prison. In practice, this time may actually end up being reduced for good behaviour, but the judge or magistrate passing down the sentence will usually give a minimum amount of time that must be served. Youth courts can also give imprisonment sentences, but these may be served fully or partly in a young offender institution rather than a prison.
Another possibility is that the offender will receive a fine. This is often used for driving offences. Alternatively, they might have to do a certain number of hours of community service. The offender might also receive a restraining order, which would stop them from doing certain things or being near particular places or people.
Wrapping Up
I hope that this helps you with your studies. In my next blog post, we will be looking at the hierarchy of the civil courts and the remedies available there, so come back in two weeks for that!
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