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Not Guilty yer Honour....Going to Court

Even if you're innocent, never probably gonna be in that situation or just curious it's good to learn about the English courts as you never know what might happen. You may, in the future, be a witness or called for jury service, if you are you'll be glad you read this.

So what court will I go to?

Well it depends on your age, if you're over 18 then it will be in the Adult Magistrates' Court, which is nearest to you, however as most of you reading this are under-18, the court you would go to is the youth court.

What's the difference, what's a youth court like?

Well there's no jury deciding whether your guilty or not guilty, members of the public are not allowed to attend unlike other the courts and if you're under-16 then your parents must attend the court with you, even if you're older they can be ordered to attend. If you're on trial for murder or with a co-accused, who's an adult, the trial won't be in the Youth Court. The court does not have a judge or a jury but has three magistrates who are trained to deal with young people; one of them must be either male or female they can't be all the same sex.

So if I'm not on trial in the Youth Court what are the other ones like?

Well there is the Magistrates' court and the Crown Court. The Magistrates Court, like the youth court comprises of 3 magistrates who decide the outcome of the case, there is no judge and jury. Magistrates are not trained lawyers but volunteers from the local community. They only decide the outcome/punishment for cases involving less serious offences or decide if there is enough evidence for a more serious case to go to the Crown Court. Although some offences can be heard in the Magistrates' or the Crown Court and this is chosen by the accused.

So what's the Crown Court?

This is where you get the judge overseeing and sentencing the case and the jury deciding the verdict. The judge makes sure all the evidence that is seen and heard is done so properly and they will decide what the punishment is if you're found guilty. They will do so by taking all the circumstances into account like your character, background and previous record.

Why is it so different then?

The Crown Court is for more serious offences and you will have to sit in the 'dock', which is a stand near the judge, which faces the defence and prosecution and the public gallery. In this court the public can watch and the press can report on it, unless some specific orders have been made not do so. The lawyers don't stroll around the floor and come close to you, like in the movies, they stand behind a table and sit at and present their cases from there.

So what are the jury like?

Like you and me basically, they are normal people aged 18-70 who have been randomly selected from the Electoral Register. There are 12 of them and they must all try to agree on the same verdict, which the lead Juror reads to the Judge when asked.

So I could sit on the jury then?

Well as soon as you're 18 you can if you're chosen by random although some people are excluded because of their jobs, like people who work in the law or because they've been convicted of crime. You get six weeks notice before the trial and you will be educated in exactly what your role is and what you have to do. It is compulsory and you will need a very strong reason to get out of it.

So at the end of the trial what happens?

After all the evidence is heard and the defence and prosecution have summed up their cases the Jury are sent out to decide, they come back in when they are asked by the Judge to do so. The Judge will ask if the jury has reached a verdict if they have they have the lead juror will read it out, if not they go back to discuss further. Not guilty means you're free to go, guilty means that the Judge will decide your punishment, if it's detention you're taken away.

Can I do anything to appeal if I'm wrongly convicted or disagree with the sentence?

You can appeal to the Court of Appeal, if that fails there, you could appeal to the House of Lords, then ultimately to the European Court of Human Justice. However this is generally only for very controversial cases and very few cases reach the Court of Appeal and even fewer get to the House of Lords, less still to the EC of HJ.

So you've read all about the Going to Court, if you wanna know more you're gonna have to read about:

Pre-Court Events & Legal Assistance

Police and Courts...Essential Links

The laws stated in this article apply only to England and Wales

by ChrisM

Crime
Have you ever been a victim of crime?
Yeah and more than once
Yes, but only once
No


Breaking the Law
Have you ever had a 'run-in' with the police
Yeah...'cos I broke the law
Yeah...but I didn't do anything and they were in the wrong
No...I'm good me

©1999-2003 Pupiline Limited, 2003-2008 Creative Commons. For info email Oli Originally powered by KeConnect Internet, now powered by XCalibre and the Big Boost, recovered thanks to Warrick


©1999-2003 Pupiline Limited, 2003-2008 Creative Commons. For info email Oli Originally powered by KeConnect Internet, now powered by XCalibre and the Big Boost, recovered thanks to Warrick


©1999-2003 Pupiline Limited, 2003-2008 Creative Commons. For info email Oli Originally powered by KeConnect Internet, now powered by XCalibre and the Big Boost, recovered thanks to Warrick