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5. Judiciary Plan

  1. Who Sits in Court.

  2. Courts and Crimes

1. WHO SITS IN COURT. The process of criminal justice begins when the police arrest a suspect. Then they decide whether they have enough evidence to prosecute – to send the suspect for the trial. In serious cases this decision is made by the Director of Public Prosecutions, who is a senior law official.

If a person is prosecuted for a crime in Britain, he/she may meet the following people during the process through the courts:

Magistrates are unpaid judges, usually chosen from well-respected people in the local community. They are not legally qualified. They are guided on the points of law by an official, a clerk, who is either a solicitor or a barrister, but they judge the case themselves. Being a magistrate is considered to be a very responsible position in society. There are magistrates’ courts in most of towns. In England and Wales, a magistrate is also called a Justice of Peace, or Justice of Peace Magistrates.

Solicitors are qualified lawyers who give an advice, do the necessary work when property is bought and sold (conveyancing), and speak especially in the lower courts of law. In 1992 it was decided that solicitors could also argue cases in the higher courts, which formerly only barristers were able to do. After the accused person has been arrested, the first person he or she needs to see is a solicitor. Solicitors advise the accused and help to prepare the defence case, and as it has been mentioned above, may represent the accused in court. A person who is too poor to afford a solicitor will usually get Legal Aid – financial help from the state.

Barristers. In some serious cases, or where there are special legal difficulties, it is usual for the solicitor to hire a barrister to defend the accused. The barrister is a lawyer trained in law and in the skills required to argue a case in court (who has the right of speaking in the higher courts of law as well). The barrister for the defence will be confronted by his or her opposite number, the prosecuting barrister, who represents the state. Legal Aid is available to pay for defence barristers.

Jurors. A jury is a group of usually twelve men and women chosen from the local community to hear all the details of a case in a court of law and give their decision on it. In the US, anyone who is allowed to vote can be called to serve on a jury or Grand Jury in the US. In both the US and the UK, jury service usually continues for two weeks, unless you are chosen to be a jury member during a long trial, when you must be on the jury until it ends. In Britain, anyone between the ages of 18 and 65 who lived in Britain for at least five years since the age of 13 can be called for jury service. Some people such as priests and judges are not called for jury service, and neither are people living in Northern Ireland.

Jurors sit in the Crown court, with a judge, and listen to witnesses for the defence and prosecution before deciding whether the accused is guilty or innocent. In Britain a person is innocent unless found guilty: the prosecution has the burden of establishing guilt.

Judges are trained lawyers, nearly always ex-barristers, who sit in the Crown court (and appeal court). The judge makes sure that the trial is conducted properly. He or she does not decide on the guilt or innocence of the accused – that is the jury’s job. However, if the jury finds the accused guilty, then the judge will pass sentence.