See for Yourself

Reading about Parliament and the Courts in a textbook can sometimes be less than exciting – and a little bit dry. One of the best ways to gain an understanding of how they work is to visit them in person.

Apart from some limited exceptions (mainly where young people are involved), the courts are open to the public. A visit to a Magistrates Court and a Crown Court can help make sense of ‘criminal procedure’. You can see the arguments put forward by the prosecution and defence; the examination and cross-examination. The role of key personnel may be seen. What role does the judge or the clerk play? What interactions are going on between the lawyers; the magistrates or the jury?

The higher courts – the Court of Appeal and the Supreme Court – are worth visiting too. More emphasis is placed on legal argument than challenging the ‘assertions of fact’ by witnesses.

For information about the courts – There is a list of Magistrates Courts here; and a Court finder here. The Royal Courts of Justice in the Strand has the High Court and the Court of Appeal, but there are also ‘branches’ of both in major cities (such as Birmingham).

Parliament is open to the public. Visit the Parliamentary website for details of how to visit – for the tour; or to sit in the Chambers and committees.

Lay Involvement in the Judicial System

In England, judging has not been confined to the professionals. Ordinary people play a key role - and many people regard that as an important protection for liberty. Without their involvement justice would be administered solely by State Officials.

The two key areas involving non-State employees are

(1) in Magistrates Courts, where the norm is to have a bench of three lay magistrates hearing trials of summary offences (and who also may hear "triable either way" cases). All criminal cases start in Magistrates Courts - though indictable cases, and those "triable either way" where it is felt more appropriate to be heard in the Crown Court (a defendant may demand his right to a jury trial) - begin (usually only briefly) in the Magistrates Courts.

(2) in Crown Courts, where the decision on whether the defendant is found guilty or non-guilty, is given to a jury.

It is useful to be able to outline the qualifications/disqualifications for being a lay magistrate or a member of the jury. But it is just as, if not more, important to be able to discuss the advantages and disadvantages of each type of lay involvement.

In previous posts I have included MindMaps - can I invite you to prepare your own MindMaps with the key points for each side of the argument. Do add pictures - and if you scan them in and send them to me , I will seek to publish them in a later post. This post from 2009 may be of some use to you.

The Local Courts

This blog has frequently dealt with the Supreme Courts of both the UK and USA.

UK Supreme Court -  Keeping up with Britain's top court - plans for Supreme Court - Opening in 2009 -

US Supreme Court -  US Constitution Art III - Oral arguments - Elena Kagan interview - Louis Brandeis - Packing the Court

But these courts deal with only a tiny proportion of cases. All cases start - and almost all are completed - in the local courts.

In the UK the local courts are the Magistrates Courts and the County Courts. (most places have a Crown Court relatively close to them - but they are less local - and deal with the more serious cases. The High Court has branches in London (Royal Courts of Justice) and around the country (District Registeries - Bedford; Birkenhead; Birmingham; Bradford; Bristol; Canterbury; Chester; Colchester; Croydon; Dewsbury; Halifax; Leeds; Leicester; Lincoln; Liverpool; Manchester; Newcastle upon Tyne; Norwich; Nottingham; Scarborough; Sheffield; Southampton; Teesside (In Middlesbrough); Warrington

To find details about a particular court, or courts in an area - follow this link.

Magistrates Courts have both criminal and civil jurisdiction - but it is their criminal responsibilities which are most noted. All cases start there - and 95% of cases are dealt with there (excluding appeals and referral to the Crown Court for sentencing). Some offences - "summary offences" - The least serious, which includes Driving without insurance; and Common Assault - can only be dealt with in the Magistrates Court. There are an important set of offences - such as Theft and Assault causing actual bodily harm - which are "triable either way". They can be dealt with by the Magistrates or passed on to the Crown Court where a jury sits. The Magistrates decide - but take into account the wishes of the Prosecution - and of the Defendant (There's a useful wiki from Sheffield University about the "right" to a jury trial in England - available here)

The most serious cases involve "indictable offences" - such as Murder; Manslaughter and Rape - and must be heard in the Crown Court - but preliminary hearings are held in the Magistrates Court. The old "committal proceedings" have gone - but an "Early Administrative Hearing" is held dealing with issues of legal aid and bail. The case is then sent to the Crown Court.

On the civil side the main local court is the "County Court" - despite the name they have nothing to do with the counties in England. There are 216 of them. Where a claim is for £15,000 or less, the case must be started in the County Court (£50,000 for personal injury cases).