The UK Criminal Court System Explained
The average number of UK court cases per year is in excess of 3 million. This number spans a wide range of cases and are handled throughout different types of courts.
For many, the UK criminal court system is complex and confusing, even if they have dealt with it in some way. In this article, we will outline the system and explain the various processes that take place when a crime needs to be handled.
History Of The UK Criminal Court
Before we share some information about the UK criminal court system as it stands today, we wanted to give background as to how we got to where we are now. Across the UK, the basic human right of innocence until proven guilty can be dated back to the signing of the Magna Carta in 1215. This is pivotal as it revoked the rights of kings and introduced personal liberties for the public. The way this leads to courts is that this encourages laws and rules to be created which helps to govern the difference between right and wrong.
Although a few different bills have been passed since this time, the one that holds gravitas to this day is the Human Rights Act 1998. This set of defined practices was created to integrate wider European human rights ethics into the British legal system. UK courts and laws are now governed by the information set out on this set of rules which ensures that bias is not at play in proceedings. It should also be noted that the Constitutional Reform Act 2005 has also shaped the UK Court system.
Traditions in the UK meant that courts were already founded before the signing of the Magna Carta but they were supervised by the King. The original was in 1178 and held by Henry II. Although he founded this as a way to “to hear all the complaints of the realm and to do right”, this process wasn’t fair or accurate. Modern day courts run based on the laws that structure the UK to ensure everyone has access to a fair trial and support instead of biased decisions being made.
What Are The Different Types of UK Criminal Courts?
Across the UK, the criminal court system is broken down into three different options. Depending on the crime and age of the offender, the proceedings will be managed by a particular system. All are governed by the same UK laws but differentiate crimes to ensure that everything can be handled in a timely manner. Below we have shared a bit of information about each one to make things clearer.
Magistrates’ Courts
These courts handle what is known as summary offences which are still classed as illegal instances but not the most serious matters. Examples include minor criminal damage and motoring offences. The maximum jail time imposed by a magistrates court can be 12 months but most commonly, penalties come in the form of fines.
Magistrates courts handle around 5 million cases a year which are carried out at approximately 150 courts across the UK. They are also run by either two to three registered magistrates or a district judge depending on the location and also the case.
Crown Court
A crown court is where more serious cases are handled which are otherwise known as indictable offences. They feature a judge and impartial jury to make a decision on the case. Along with determining the outcome, the crown court also awards sentences and has the power to provide criminal records for offenders.
Examples of cases handled at crown courts include robbery, rape, murder, burglary, drugs offences and grievious bodily harm. There are over 90 crown court locations across the UK.
Youth Courts
As the name would suggest, youth courts are used for anyone aged between 10 and 17 who commits an offence. These courts handle cases in much the same way as adult cases but the main difference is that they have a less formal style to them to account for the age of the offender.
Furthermore, only members of the public with special permission may attend these cases due to the vulnerability of a child. Additionally, offenders are always called by their first name. Examples of cases handled by youth courts include theft and anti-social behaviour. Youth’s also cannot be sent to traditional jail due to their age. The sentences given are therefore either community sentences or detention and training orders which can then roll into stays in prisons once the age of 18 is met.
What Is The Process For A Case Featuring In A UK Court Of Law?
All court cases start with the same point, an offence that has been carried out. Once the action has occurred and a criminal proceeding commences, a form of court will be assigned. For example, if a speeding ticket is received for a repeat motoring offence, the case will be passed through to magistrates court to handle.
At this point, for some cases it’s advised you bring in the support of a solicitor like our professionals. This is important as a case may need to be created which only an expert will have the knowledge to achieve. Once the case has been managed and evidence has been secured, a court date will be chosen. Your solicitor will help prepare you for trial at this point and ensure all defence or evidence is ready to be inspected in a UK court of law.
Courts then carry out a trial. For magistrates courts, the process sometimes doesn’t even need the defendant to be present as the instances are minor. Crown courts require all attendees, unless they have permission, plus a judge and jury. Members of the public are also welcome to attend these trials without needing to gain advance permissions. Youth courts, as we explained, are a more relaxed setting
Navigating the complexities of Court proceedings can be daunting, but there are resources and support networks available to guide individuals and families through the process. From informational guides to advocacy services, accessing these resources can provide invaluable assistance and alleviate some of the burdens associated with Court proceedings.
Do You Have To Attend Court If Requested?
Before we answer this question, we should add that only a small number of cases end up going to court each year as normally they can be handled outside of that setting. However, if you have been requested to attend court either as a victim, offender or to give evidence, you must show up. You can click here to find out what valid reasons are accepted for not attending court but our advice is to always make sure you visit when requested.
Our team can support every phase of this to ensure you are properly prepared both in terms of what to expect and supporting information.
What Services Does JD Solicitors Provide For UK Criminal Court Cases?
At JD solicitors, we are both crown court and magistrates courts lawyers working for both victims and offenders. Our services help you to create a robust case that will be best received in a court of law. The team also works hard to ensure our clients remain feeling positive during a case we understand is a testing time for anyone.
The reason why our practice stands out is the wide variety of cases and experience we have. Within our team, we have experts in many areas of legal issues meaning we can provide a professional suited to your case. From advising on perjury to creating reliable defence cases, we have extensive knowledge and skills ideal for any criminal case.
The UK criminal court system is designed to help cases run smoothly and fairly. Without the structure of these establishments, many people would end up with criminal penalties when they are not due one. As this article has shown, the UK law court system has been developed with people in mind. This means fair trials and innocence until proven otherwise.
Our team can support every phase of this to ensure you are properly prepared both in terms of what to expect and supporting information.
