Question:
Discuss about the Distribution of Powers Crown Court.
Along with the court of appeal and the High Court of Justice the Crown Court of England and Wales is one of the constituent parts of the senior Court system in England and Wales. In criminal cases Crown Court is the highest court at first instance. However in certain situations the High Court and it’s divisional quotes higher in hierarchy then the Crown Court. The court operates around 92 location across England and Wales. The HM courts and tribunals services conduct the administration of the Crown Court. HM court and Tribunal services which previously operated in 6 circuits and now divided in 7 regions. The reason of whales had been identified separately with respect to the wall legislative powers provided to the Welsh assembly. The Crown Court is also known as Central Criminal Court when it operates in the city of London. The central Criminal Court which has been established through its own Act of parliament is the centre of the Crown quotes and is a venue where most of the serious criminal cases are heard. Four primary activities are handled by Crown quotes which include jury trials, appeal against magistrate Court decisions, sentencing the defendants provided by the magistrate Court and sentencing those who has been convicted by the Crown Court either at the time of trial or when pleading guilty. The average time which is taken by the Crown Court till completion of a case from start is 177 days (GOV.UK, 2017).
Instead of talking about a location at which the Crown Court is situated in common practice where any venue is referred as a Crown Court such as the Teesside crown court. The judges who presided over the proceedings in a clown coat are generally recorders, circuit judges and High Court Judges. Recorders all solicitors or barristers who are in private practice and sit part time as judges. In the court the most serious of the cases such as rape murder or treason are allocated to the senior Circus judges and High Court Judges. Other cases are allocated to the recorders and circuit judges although the most minor case is are allocated to the recorders. The allocation of the cases is done with respect to the orders of Lord Chief Justice of England and Wales. The criminal justice Administration Act 1956 had laid down provisions for the establishment of crown quotes at Manchester and Liverpool for the purpose of enhancing the handling of criminal cases in South Lancashire. The court had been established by the Court Act 1971 on 1st January 1972.
I had visited the Crown Court of London which is the central Criminal Court for the purpose of analysing ethnography of the court. I had visited the Crown Court of London which is the central Criminal Court for the purpose of analysing ethnography of the court. During the entrance I had to go through various security checks. The security checks were conducted at various intervals in the entrance of the court. There was no carelessness by the security officers while checking those who wanted to visit the court for any reason. I was asked to switch off my mobile phone and not click any photographs inside the court. While entering the court I had to provide the security personal with my personal identity card so that they could verify my identity. At the first Security Check I was scrutinized to an electronic machine. At another Security Check Post I was physically checked by the security personals. I got to know that the security in the court is so high because a person has been stopped at one of the Crown court premises few months ago. Therefore the security officers were thoroughly checking each and every person who wanted to enter the court. No person is allowed to carry any kind of weapon inside the court premises instead of security officers. Any electronic gadget which can be a threat to the security of the court are also not allowed inside the court premises. It was notified to me that if I click any pictures inside the court my mobile phone would be confiscated. In addition it was also provided to me that if my mobile phone rings during the court proceedings the judge may order for the confiscation of my mobile phone. Once I entered the main Court Building security officers who were armed with guns were posted at every floor of the court. In addition Police officers were also accompanying criminals who are to be trial that the court. Overall the security of the Crown Court was very high and well established.
The judges of the court sit on a large bench which is laid on a raised platform at the front of the court. The distinction between the judges is done through the colour of the gown with their wearing along with certain forms which are used to address the different rank of the judges. At most locations your honour is used for recorders and circuit judges where as my lady or my lord are used for the judges of high courts along with all judges at Central criminal courts. The judges enter the courtroom through a doll which is typically located at the side of the raised platform which is preceded by directions of all rise from the clerk or Usher of the court who set before the judge’s bench. Every person present in the court room is required to show his or her respect to the judges by standing up while they enter or exit the courtroom. Unlike other quotes there is no national flag in the Crown court and the judges also do not have a gavel. However a royal coat of arms is hung on the wall above the judge’s bench.
The role of the judges is to ensure that justice is provided to those who are innocent by providing the wrongdoer will appropriate punishment. The judges have to provide such justice by weighing the evidence provided by the plaintiff and the defendant. The judges do not have any idea what actually happened in a crime scene and therefore their decisions are only based on the submissions which have been provided to them by the parties. The judges of the court has to be impartial while making the decision. While attending a court hearing at the crown court I got to know that the judges do not take into consideration any material which is not a part of the evidence. The court case which I witnessed was in relation to rape. The media through newspapers and television has already portrayed before the society that the defendant has committed the crime. However I observed that the judge did not take into consideration any of such external factor and were acting in an impartial manner. This depicted the nature of the judges that they only believe in what has been provided to them regardless of their personal belief. Even if they knew that the defendant has committed the crime they cannot express their feelings unless the crime has been established by the prosecutor through substantial evidence.
The role of the prosecutor is prove before the judge that the defendant has committed the crime. The prosecutor does so on the basis of police investigation reports and the relevant provisions of law required to establish the crime through various tests. The public prosecutor is paid by the government for the services provided to them however they have a reputation at stake in a legal proceedings which may be enhanced to decrease based on the outcome of the case. The public prosecutor tries everything to prove before the judge that the defendant has committed the crime. The role of the prosecutor however is very different form the judge in terms of character. While the judges have to have an impartial character in legal proceedings the prosecutor has a very bias nature where his or her only motive is to provide that the defendant is liable for the crime. These observations had been made by me based on what I saw in the court with respect to one proceeding only. However as stated be Funnell (2007), it is the nature of the human beings to perceive what they have witness once is going to occur again and again. My observations may have been different in any other case but another case which was witnessed by me on the same day did not change my mind as I observed the same patter with respect to the prosecutor.
The lawyer representing the defendant has the role to counter the claims and allegation which have been made by the police and the prosecutor against the defendant. Practically in the modern legal system the defendant attorney has the role of protecting the defendant who he or she knows to have committed the crime even in case such facts have been admitted by the defendant themselves before the defendant attorney. Unlike sworn while initiating legal practice that they would always take the side of justice and never support injustice the defendant attorney protect the defendants for monetary as well and reputational benefits (Scheffer, 2002). The defendant attorney was cross examining a witness during the court proceeding observed by me in one of the cases. The cross examination was conducted in such a manner that he was putting words into the mouth of the witness by using personal skills developed through the course of his professional career. There was no attempt at all on the part of the defendant attorney to strive to extract the truth which is theoretically their actual role. After the proceedings had been concluded all the arguments between the prosecutor and the defendant ended with a hand shake and all smiles as if nothing had happed and they were best of the friends. This made be derive a conclusion that they are very professional and do not take the fight outside the court room.
Juries have a significant rue to play in the English legal system. They are used for criminal trials at the crown court. Juries are those members who are selected randomly from the electron registered and must not in any way connected to the case they are required to judge. The role of the Jury is to make an informal decision about the question that whether the defendant is guilty or innocent (Callaghan, 2005). Express notification is provided to the juries requesting them to base their decisions only on the evidence submitted by both the parties to the case and not upon any external matter. Normally the Jury is only listen to what the parties and their attorneys have to provide in relation to a case but in serious situations to me also be asked to visit the Crime scene by the judges. During my court visit observed that jury was sitting quietly and listening to what the parties have to say about the case. However I had seen two of the jury members outside the court reading a newspaper where the defendant was considered as a rapist. They were having a discussion that search a person should be provided with the highest of punishments. Therefore I had a serious doubt about how impartial the Jury is towards adjudging a case. I could not complete my observation and yes I did not observe the full hearing of the case over time as it is conducted over several days. However what was depicted to me initially by the Jury was that sitting and looking at Each Other without taking any significant interest and the case facts. They were agreeing with whatever the prosecutor or the defendant attorney had to submit in relation to the respective parties. Although there may be chances that the Jury was actually analysing the submissions made by the parties to the case it was difficult for me to believe so.
Other than the judges, lawyers, parties, clerks, security officers and the Jury the general public may also be sometimes present in a court proceedings. This may include student pursuing low as their career, media personals, relatives of the parties to the case and relatives of the attorneys. These people have little or no knowledge about what is going on in the court proceedings is there visiting the code for the first time. The only believe whatever is told to babe as it is very difficult for them to analyse any fact based on their own understanding. They do not have any significant role to play and the court proceedings other than providing mental support to the party involved in the case.
References
Callaghan, E. (2005). What they learn in court: Student observations of legal proceedings. Teaching Sociology, 33(2), 213-220.
Criminal courts: Crown Court – GOV.UK. (2017). Gov.uk. Retrieved 30 November 2017, from https://www.gov.uk/courts/crown-court
Funnell, R. (2007) Representations of Reality in a Court of Law.
Scheffer, T. (2002). Exploring court hearings: towards a research design for a comparative ethnography on ‘witnessing in court.’. Department of Sociology On-line Publications, Lancaster University. https://www. lancaster. ac. uk/fass/sociology/research/publications/papers_alpha. htmst (accessed February 13, 2015).
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