Crown Court | |
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Established | 1 January 1972 |
Jurisdiction | England and Wales |
Authorized by | Courts Act 1971 |
Appeals to | Court of Appeal (indictable offences) High Court (case stated) |
Appeals from | Magistrates' courts |
Website | www.judiciary.uk |
This article is part of the series: Courts of England and Wales |
Law of England and Wales |
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The Crown Court (Welsh : Llys y Goron) is the criminal court of first instance in England and Wales responsible for hearing all indictable offences, some either way offences and appeals of the decisions of magistrates' courts. It is one of three Senior Courts of England and Wales. [1]
The Crown Court sits in around 92 locations in England and Wales, divided into Circuits. When sitting in the City of London, it is known as the Central Criminal Court or "Old Bailey". [2]
The Crown Court is administered by HM Courts and Tribunals Service, [3] an executive agency of the Ministry of Justice.
England and Wales formerly used a system of courts of assize and quarter sessions for indictment trials at first instance. [4] However, the Beeching Commission in 1969 recommended the replacement of the assize system, following the model of the 'crown courts' introduced by the Criminal Justice Administration Act 1956 (4 & 5 Eliz. 2. c. 34). in Liverpool and Manchester. [5]
As such, the current Crown Court was established on 1 January 1972 by the Courts Act 1971, [6] establishing a unitary trial court for the whole jurisdiction.
With the merger of the various court services into what is now HM Courts and Tribunals Service, the Crown Court frequently shares facilities with the County Court and magistrates' courts.
The Crown Court carries out four principal types of activity:
The average time from receipt by the Crown Court to completion was 177 days by the start of 2016. [7]
The Crown Court can hear appeals against conviction, sentence or both from those convicted in the magistrates' courts.
Under this procedure, the Crown Court has the power to confirm, reject or alter any part of a decision. [8] It may impose any sentence within the powers of a magistrate.
In 2015 the Crown Court heard 11,348 appeals and the average waiting time was 8.8 weeks in 2015. [7]
Defendants may be committed from a magistrates' court where its sentencing powers are inadequate. [9] This could be because:
Committals may also arise from breaches of the terms of a Community Order or a suspended custodial sentence.
In 2015, the Crown Court dealt with 30,802 cases for sentencing from the magistrates' courts. [7]
From Crown Court trials on indictment, appeal lies to the criminal division of the Court of Appeal and thence to the Supreme Court. [10]
In all other cases, appeal from the Crown Court lies by way of case stated to a Divisional Court of the High Court.
The judges who normally sit in the Crown Court are High Court judges, circuit judges and recorders. [11]
Allocation of cases is conducted according to directions given by the Lord Chief Justice. [12]
Higher rights of audience are required to speak in the Crown Court. This means that only barristers, solicitor advocates, and some chartered legal executives can represent clients. [13]
Solicitors may choose to attend hearings, but they are not able to speak directly.
The court is primarily administered by the Clerk of Court, who wears a white collar/bib with bands and a black gown. They are assisted by the Court Usher, who is the only person that will move when the court is in session and will wear a gown over standard business dress. [14]
Court dress is almost always worn, although wigs may be removed during exceptional circumstances when directed by the judge - for example, when children are testifying.
There are several physical elements to a Crown Court. From the position of the defendant:
Different courts may have different layouts. Some, often older courts may have very compact layouts - like Gloucester Crown Court - or some, often newer courts may be very spacious.
Some courts may have a circular layout, but the overall positioning of elements will remain the same.
A plea bargain is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or nolo contendere. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment.
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. In an adversarial system, the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court.
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
Court dress comprises the style of clothes and other attire prescribed for members of courts of law. Depending on the country and jurisdiction's traditions, members of the court may wear formal robes, gowns, collars, or wigs. Within a certain country and court setting, there may be many times when the full formal dress is not used. Examples in the UK include many courts and tribunals including the Supreme Court of the United Kingdom, and sometimes trials involving children.
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail and state prison as possible punishment, for example, theft.
A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual technology to permit everyone present to clearly hear testimony and see exhibits.
A recorder is a judicial officer in England and Wales and some other common law jurisdictions.
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.
Circuit judges are judges in England and Wales who sit in the Crown Court, the County Court and some specialized sub-divisions of the High Court of Justice, such as the Technology and Construction Court. There are currently over 600 circuit judges throughout England and Wales.
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.
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The single justice procedure (SJP) was introduced by the Criminal Justice and Courts Act 2015 in England and Wales. Under this procedure a single magistrate with a legally qualified adviser, can try minor non-imprisonable offences without a court hearing, unless the defendant chooses to attend a hearing in court.