Personnel in a Criminal TrialWithin a criminal trial there a various ‘roles’ and all of them couldn’t function without each other (just like the cogs in a watch) and the roles within a case could differ rather drastically I will endeavour to analyze all of the aspects of the personnel within a criminal trial.
Miss V Strong (GBH) Miss Strong’s case could be held within the Magistrate’s court or the Crown court depending on how serious the GBH was. As the case doesn’t state on which section of GBH it is, section 18 or section 20.If the GBH fell within ‘S20 Offences Against the Persons Act 1861″ the case could be held within the magistrates’ court if the offence was minor because Section 20 of GBH iis classed as a triable either way offence, as such the first person they will come into contact with is a solicitor, within a criminal case there will be two solicitors in the courtroom, the defending solicitor whose job is to defend the Miss Strong and achieve the greatest outcome for Miss Strong and there is the prosecution whose role is to present all of the evidence and facts to the magistrates whom will then charge the defendant accordingly I will cover the other roles and aspects within Mr R White’s case as it is relevant within that case.Also, if the case was referring to section section S18 of the Offences Against the Persons Act 1861 then the case will be held within the Crown court as S18 GBH is more serious of the two ‘types’ of GBH because S18 also contains the ‘intent’ within the crime. Because it is seen inside the Crown Court there will be a multitude of roles and they are as follows; Solicitors, as they can’t actually speak and defend a defendant within the police station before the actual court case to give them advice on the potential outcomes, after this they will pass on the relevant information to the lead defensive barrister on the case who will then take over the case from the solicitor and defend Miss Strong (the defendant) against the GBH charges. There will also be a prosecuting barrister who will then go on to prove their case and present the evidence against Miss Strong to the Judge and the Jury – the Jury is a body made up of 12 people who are randomly selected by the use of the electoral roll, these people must have no prior criminal convictions, under 65 and have no relation to the case or be prejudice in any way. The jury must be impartial to make the whole process fair.
The jury will then move on to listen to all of the aspects of the case and then they will convene, and deliberate on their final verdict(If the defendant is innocent or guilty) but it must be at a 10:2 verdict but if the jury can’t make a decision about the outcome of the case the judge has the potential to overrule the jury and “reset” the whole case to be seen again by a different set of jury so that the case can be seen again and then they will hope a verdict will come out of it, if not again the case has the possibility to be thrown out because if two sets of juries couldn’t decide if the defendant is guilty or not then it isn’t worth wasting court resources on another retrial. Mr R White (Assault and Battery)As Assault and Battery together is classed as a summary offence it will be held within the Magistrates’ court which means there is no ‘Judge’ or Jury but there are the magistrates whom are commonly called ‘Lay People’ (Lay People is a person who doesn’t have any specialised knowledge of the Law system which then makes them ordinary members of society also they reflect on society as they are supposed to be equal with a race/gender balance.) and there are estimated 30,000 Magistrates within England and Wales. The magistrates are strictly ‘unpaid’ apart from their expenses and a £500 training budget per year.
They are assisted with all legal matters by The Legal Advisor/ Clerk (Who is actually qualified and a legal professional) his role is to explain each point of the law to the Magistrates and he ensures the smooth running of the court. He also gives advice on the sentencing options but he cannot influence the decisions made by the court. Master H Brown (ABH) As Master Brown is a youth (13 Years of age) his case will be held within the Magistrates youth court (Which will be confidential because of his age).The roles within the case are as follows. The most important role within the magistrates’ court is the magistrates’ themselves, their role within the case is to act similarly to a ‘Judge’ inside a higher court case whose role is to take in all of the aspects of the case and then choose the outcome.
So that’s exactly what the magistrates will do, they will take in all of the facts of the case and all of the information/evidence and then because they aren’t legally trained they will use the advice of the Clerk who will explain all of the legal aspects to the Magistrates but he cannot alter the outcome of the case in any way. The Clerk can just explain the aspects of the law as the magistrates represent us as a society; the other ‘roles’ within this case Comparisons of the Legal Professions. Similarities and differences between solicitors and legal executives are plentiful but the Legal Executives are legally qualified to the same level as solicitors and from the outside (to a client) they may not even see any differences, in some cases legal executives supervise solicitors; but the main difference between them is that legal executives have a broader training within a certain area of the law; whereas solicitors are trained in all aspects of the law to make them the best ‘lawyers’ for their clients and give them the best legal help possible.