Criminal Law: A Critical Analysis of the Crown Court

Introduction

The Crown Court is part of the Supreme Court of Judicature and deals with the most serious of criminal offences. This article will detail some important facts regarding the Crown Court, examining its origins and exploring the reasons for its introduction. Next will be a detailed account of the procedures involved within the Crown Court, such as who the judge is and what role the judge has regarding the trial. Others areas considered will be how evidence is presented, and sentencing that may be imposed on a person who has been found guilty of an offence. The Crown Court is not only a mechanism for dealing with offenders. It is also a place that can offer closure to concerned victims when justice is administered. For this reason, it is important to discuss the procedures involved for victims. Finally, the article will explore future proposals for the Crown Court, and the criminal justice system as a whole.

Origins

The Crown Court was created by the 1971 Courts Act which abolished the ineffective system that was in place at the time, which involved numerous local Assize courts throughout the country. This system could not cope with the number of criminal offences. The Assizes were periodic local courts heard before judges of the Queen's Bench Division of the High Court, who traveled across the seven circuits into which England and Wales were divided, assembling juries in the Assize Towns and hearing cases, and, therefore, a more robust system needed to be introduced. Nevertheless, the Court of Assize was created by Henry II in the 12th century, introducing the first trial by jury. Although it bares little resemblance to the jury system today, it was the first time that guilt or innocence of the accused was not decided by divine intervention, as was the case with trial by ordeal.

The system was first piloted in both Liverpool and Manchester in 1956, and was employed nation wide in1972. There are ninety Crown Courts in England and Wales, with the most well known of these being the Old Bailey in London, which sits at the pinnacle of the Crown Court system. The Crown Court provides an environment that enables decisions to be made solely on the evidence provided.

Procedure in the Crown Court

The time it take for a case to be heard at the Crown Court can be between three and six months. It can, however, in certain case, take even longer. It is not unusual for a defendant to meet their barrister on the first day of their trial. This situation has led to some suggesting that justice maybe being sacrificed for judicial expediency.

Any case that is sent from the Magistrates Courts, to the Crown Court, will be presided over by a trial judge. The rank that a trial judge will hold can be determined by the colour of their robes, with more senior judges wearing red robes. The judge will supervise the trial from a raised platform at the front of the court room (known as the bench), and will determine what may, or may not be adduced into evidence. In front of the judge will be his clerk, who will face the usher of the court. The usher is charged for moving evidence around the court and also bringing witness