Comparison and Critical Appraisal of the English Court System
A) The role and employment of the Magistrates’ pursue:
All flagitious mood initiate in the Magistrates’ Pursue and are attendd by three magistrates or a purlieus harmoniousice, but the pursue as-courteous has government adharmonious real urbane stuffs (JEW, 2012). For the most dissect at-last, the eldership of mood attendd in the Magistrates’ Pursue are flagitious in regularity. There are no juries in the Magistrates’ Court. The Magistrates’ Pursue has object government adharmonious compendium misdeeds (e.g. motoring misdeeds, childisher flagitious mischief, vulgar onset, drenched and unmethodical spend) and aggravate solemn misdeeds (e.g. larceny, solemn onsets and offal misdeeds), at-last the departure are frequently referred to as ‘either way’ mood as the pursue or the prisoner may adopt to enjoy these healed in the Crown Pursue (JEW, 2012). Real stuffs are raise the government of the Magistrates’ Pursue -touching to the solemnness of the misdeed, these conceive immolate, disturb and ignition. These are referred to as indicttelling misdeeds. Indicttelling misdeeds accomplish be attendd in the Crown Pursue as the pursue of main prompting.
The government of the Magistrates’ Pursue is as-courteous poor by sentencing government which is intolerant to phrases amounting to close than ?5000, unpaid fraternity labors or six months confinement (twelve months for two or aggravate misdeeds). Magistrates’ Courts are telling to bestow confederacy phrases, such as a high and fraternity labor. Frequently mood are attendd in the Magistrates’ Pursue and referred to the Crown pursue for sentencing where the phrase required exceeds the government of the Magistrates Pursue (UKCLE, 2012).
The government of the Magistrates’ Pursue delay respects to the divert misdeeds hence is to detail sponsor, illegality or offencelessness and depending on the severity, the phrase. Magistrates as-courteous play a role in committal attendings where they must detail whether there is competent deposition to buttress referral to the Crown pursue. For development, in the circumstance of immolate the magistrate accomplish not construct a decision of illegality, at-last accomplish run whether there is competent deposition to excuse a circumstance. This is generally intolerant to an evaluation of the paper-established deposition submitted, i.e. the docket and established on an evaluation of all this deposition accomplish run whether or not to by the circumstance onto the Crown Court.
The Magistrates’ Court, through its authoritative managers as-courteous performs expressive such as exoteric funding applications and eyeeyeearwitness mandate. This forms a dissect of the urbane government that the Pursue has. The Magistrates’ Pursue as-courteous has government adharmonious stuffs involving offenders betwixt the ages of 10 and 18, licensing progresss and real stuffs touching to nobility chronicles, such as domiciliary force, correlativeness breakdowns, preference, circumspection chronicles and truancy. Therefore, the Magistrates’ Pursue plays an expressive role in nobility stuffs and the government of the Youth Court.
The role and employment of County Court
The County Pursue chaffers delay urbane (non-flagitious stuffs) which originate when an specialal, primary or juristic believes their hues enjoy been infringed. These conceive arrogations established on closeen and tort where there is an attribute on the reason of a infairness executed to the appellant. Real County Courts as-courteous chaffer delay stuffs of failure, behind a whiledrawal, accomplishs, trusts and estates (where the esteem of the stuff is not in surplus of ?30000), stuffs underneathneath the Race Relations Act 1976 and any other stuff that the dissecties comport to enjoy attendd in the County Court. Magistrates enjoy government to attend real urbane mood, at-last the aggravate tangled mood are generally referred to the County Pursue (JEW, 2012).
Most County Courts are assigned to either a circumference harmoniousice or a purlieus harmoniousice. Circumference harmoniousices are superior to purlieus harmoniousices and generally chaffer delay aggravate tangled stuffs, generally attending stuffs excellence aggravate than ?15000, although they do enjoy monetary government adharmonious slenderer argues excellence betwixt ?5000 and ?15000. Purlieus harmoniousices generally adjustsee a estimate of mood in ordain to determine that they are vulgar effectively, although they do attend mood themselves. Purlieus harmoniousices chaffer delay close tangled stuffs than circumference harmoniousices such as retrieval and impost of mischiefs in uncontested stuffs. Although urbane stuffs usually chaffer delay the reimbursement of monetary mischiefs, County Pursue harmoniousices do enjoy the government to ordain the detain and prosecution of any dissecty that does not submit delay an ordain of pursue. The eldership of mood are not attendd anteriorly a jury (delay litigious sort detrposcongress and abuse trials) and harmoniousices run these stuffs on a urbane load of scrutiny, i.e. a adharmonious of probabilities.
County Courts as-courteous chaffer delay real nobility chronicles, at-last these are generally chaffert delay in specialist pursues. Nobility circumference harmoniousices chaffer delay two kinds of mood, namely secret mood involving argues betwixt parents and their outcome and exoteric mood, chaffering delay the involvement of the national synod in nobility stuffs (DoJ, 2012).
Decisions of the County Pursue may be apostrophizeed to the divert Disruption of the High Court. The County Pursue Monetary Claims Centre provides superfluous buttress for the County Pursue and chaffers delay denominated currency arrogations.
The ocean comparison betwixt the two pursues is the question stuff government adharmonious which they superintend, namely urbane versus flagitious. The County Pursue chaffers exclusively delay stuffs of urbane obligation whilst the Magistrates’ Pursue chaffers delay twain urbane and flagitious stuffs, at-last the eldership of mood attendd in the Magistrates’ Pursue are flagitious in regularity. To the space hence that the County Pursue cannot attend flagitious stuffs, the Magistrates’ Pursue enacts the flagitious equiponderant. To this space they twain enact the pursue of main prompting to the space that they enjoy government adharmonious the stuff, which may be poor by geographical government, object government and monetary government (in the circumstance of the magistrates’ pursue, this conceives sentencing government). This is dissecticularly visible in the raze of urbane obligation tangledity chaffert delay in Magistrates’ Court, which are unadorned applications not requiring exceeding mode. The County Pursue as-courteous does not attend stuffs of childish beings, variously the Magistrates’ Pursue who attends stuffs in the Youth Pursue partially from the Adult pursue.
There are divergent loads of scrutiny in each pursue, delay urbane stuffs requiring the appellant argue the being of the arrogation on a adharmonious of probabilities, which is arguably preferable than the model in the flagitious pursue which requires the avow, enacted by a plaintiff, argue the impeach raise a reasontelling waver. Magistrates’ Pursue enjoy a divergent arrangement of mode, either through a purlieus harmoniousice or through a panel of three harmoniousices of the tranquillity along delay a law clerk to determine that all pertinent stuffs of law are considered in mode, in contrariety to the County Pursue where the stuffs are attendd by merely legitimately trained harmoniousices.
B) Position of the Pursue in the English Pursue Hierarchy
For the relative object government, twain pursues enact the pursue of main prompting which media that they are the main stride in legitimate chronicles (yet the affixed specialist tribunals) in their stuff. Although the Magistrates’ Pursue can be the pursue of main prompting for unadorned urbane stuffs, generally this is a role performed by the County Pursue (JEW, 2012).
Appeals from the Magistrates’ Pursue are directed to either the Crown Pursue which has government adharmonious flagitious stuffs and poor government adharmonious urbane stuffs twain on apostrophize and as a pursue of main prompting. The Crown Pursue is the merely pursue that has object government adharmonious indictment mood.
Appeals may as-courteous be directed to the divert Disruption of the High Pursue for urbane and flagitious stuffs, acting, as-courteous as a pursue of main prompting in real urbane stuffs. Appeals from the County Pursue are attendd by the High Pursue and in real mood can apostrophize to the Pursue of Appeals’ urbane disruption. The High Pursue consists of three disruptions, namely the Queen’s Bench, the Chancery and Nobility disruption. These are not necessarily unconnected pursues, but rather enjoy independent practices and progresss prepared specifically for their specialal purposes. The Queen’s Bench attends stuffs of tort and closeen, and serves as a commercial, admiralty and authoritative pursue, whilst the nobility disruption attends stuffs on matrimonial chronicles, chronicles touching to the affecteous-being of outcome and probate labor, and the Chancery chaffers delay stuffs of urbane law, companies and patents (JEW, 2012; DoJ, 2012).
From the High Pursue and the Crown Court, the proximate main pursue is the Pursue of Appeals delay relative disruptions for flagitious and urbane stuffs. The Pursue of Appeals merely attends stuffs of apostrophize and does not employment as a pursue of main prompting in any stuff. The Flagitious Disruption merely attends stuffs of apostrophize from the Crown Court, whilst the Urbane Disruption attends urbane apostrophizes.
Appeals from Pursue of Apostrophize go to Greatest Pursue which employments as the main greatest pursue in the kingdom. In stuffs of ethnical hues may be raise apostrophizeed to the European Pursue of Justice. The Greatest Pursue was formed by the Constitutional Reform Act of 2005, antecedent to which the main pursue was the House of Lords. In unusual mood, the Greatest Pursue may attend apostrophizes from the High Court. The Greatest Pursue has the straight to render stuffs of European law and the European Convention on Ethnical Rights, as superfluous into domiciliary law by the Ethnical Hues Act 1998 as they direct to U.K law.
C) Roles of People delayin the Pursue During the Visit
District Judges: adjudicates the circumstance on the reason of the grounds presented by either the plaintiff or the prosecution and must enjoy at last two years proof as a commissioner purlieus harmoniousice and at last seven years proof as either a barrister or aspirant. These harmoniousices chaffer undeviatingly delay tangled issues of law and sit alone as contrariant to a panel (justices of the tranquillity and pursue clerk).
Prosecution: In flagitious stuffs, the special enacts the circumstance over the prisoner on interest of the avow.
Solicitor: Representative of the plaintiff/mendicant or prisoner/respondent and is lawful for acting on interest of their client in the legitimate chronicles.
Defendant: The special prisoner of the misdeed in a flagitious stuff. In this circumstance, the prisoner was on sponsor and hence sat proximate to their shelter counsel. There was one stuff where the prisoner was in avow guardianship, and in this circumstance they sat proximate to a chastenional manager.
Depositions clerk: Ensuring that the chasten beings are in pursue at the chasten times, as affecteous as communicating delay the prisoner or dissecties to the argue environing the chronicles. The clerk chronicles the chronicles and calls each eyeeyeearwitness to bestow deposition when needful.
District Judge: adjudicates and runs the grounds of the circumstance, at-last for the prolongation of this investigate, the mood anteriorly the harmoniousice seemed started and uncontroversial as he moved through them altogether immediately. Purlieus harmoniousices are younger to a circumference harmoniousices and attend for-the-most-part uncontested arrogations, mortgage retrievals and mood allocated to the slender arrogations trail.
Depositions Clerk: Ensuring that the chasten beings are in pursue at the chasten times, as affecteous as communicating delay the prisoner or dissecties to the argue environing the chronicles.
Solicitor: Representatives of the mendicant or respondent and is lawful for acting on interest of their client in legitimate chronicles.
Applicant: The special who started the arrogation.
Respondent: The special who was defending the arrogation.
D) Understanding Behind the Pursue Visit
A portentous content behind the investigate to these pursues, was how immediately stuffs were chaffert delay on the pursue roll. I was expecting aggravate possession, yet throughout the investigate there was poor interposcongress delay the grounds of the circumstance, dissecticularly in the County Pursue which was very affected and procedural, in real mood there was no nearness by the Mendicant or Respondent and the aspirant in these mood chaffert exclusively delay the stuff. There was pigmy interposcongress betwixt the members of the pursueroom and the harmoniousice scrutinized the papers, there was pigmy deposition or topic bestown in buttress or shelter of the stuff.
Another portentous component was the graveness on progress in the pursues and of the pigmy harangue of the grounds of the mood that took situate, most were procedural stuffs, and the filing of motions and applications. In the Magistrates’ Court, there was similarly very pigmy promise delay the grounds of any of the mood and most were keen reviews of pending mood, chaffering delay sponsor applications or remands and other authoritative stuffs, all of which were chaffert delay very immediately and the waking congress saw a good-tempered-tempered estimate of mood chaffert delay superficially on stuffs of progress.
To a real space, the expectancy of the pursue arrangement was that it was going to be very gesticulatory, at-last this is distinctly not the circumstance as stuffs moved immediately through the role delay restriction harangue on the question stuff and there were no generous trials scheduled on the days of my investigate. I was raise surprised by the chronicles in pursue to the space that there are incessantly beings future and going from the pursueroom, and to a real space this was a aggravate relaxed environment than I was primaryly expecting. Whereas my primary understanding that the pursue environment was going to be very solemn, I was surprised to see that the dissecties in the pursueroom were professional and relaxed. There was no hype environing the roles that they were open and they were harmonious getting on delay their jobs.
Constitutional Reform Act 2005
European Convention of Ethnical Rights
Human Hues Act 1998
Judiciary of England and Wales (2012) Structure of the Pursue System [online] Availtelling on: http://www.judiciary.gov.uk/about-the-judiciary/introduction-to-justice-system/court-structure [Accessed 19 November 2012]
Judiciary of England and Wales (2012) County Pursue [online] Availtelling on: http://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/county-court/county-pursue [Accessed 19 November 2012]
Department of Fairness (2012) Environing Courts. [online] Availtelling on: http://www.justice.gov.uk/about/hmcts/courts [Accessed 19 November 2012]
UKCLE (2012) The Government of the Magistrates’ Pursue [online] Availtelling on: http://www.ukcle.ac.uk/students/resources-for-students/jurisdiction/ [Accessed 19 November 2012]