Hapl! Anyone know anything about British law?

[Thorn Wilde]

Specifically, procedures in the magistrate's court vs. procedures in the crown court in England and Wales? I'm writing a story in which a sexual assault case where the victim is a minor takes place, and I want all my scenes to be correct. I've been able to find resources on basically everything except how things are actually done in the courts, and I really want to get things right. Any information anyone has would be extremely helpful.

[Kiltie69]

Talk to NS...think she is studying law.

[MikeL]

Or, watch some old Rumpole of the Bailey films. 

[paya]

PM Westie, he could help you if he has time. 

[Zombie]

Here's some background stuff. In England and Wales [scotland has a different legal system] a serious case like this will be indictable and tried in a Crown Court but will start in the Magistrates' Court which will decide if there is a case to answer [the case will then be committed to the Crown Court for trial by jury if "yes"] and consider any bail application if the defendant is in custody. The defendant says nothing except to confirm his name and address. In Magistrates' courts there are either 3 magistrates [the "bench" - the middle one is the "Chairman"] who are ordinary citizens not legally qualified but who are advised by a legally qualified Justices' Clerk. Or there is a single District judge. There is a Court Usher who introduces each case to the court and names the defendant, and legal counsel for both sides. In a serious case like this there will be a solicitor and barrister for the prosecution and defence. Everyone wears business type clothes except the usher and clerk who wear a black gown.

In the Crown Court the barristers wear wigs and black gowns and the judge also wears a wig and red gown and sits facing everyone, with the jury - 12 men and women selected at random - sitting on the left side of the judge. They just listen to the evidence, but they can pass notes to the judge if they have questions and they may be given evidence to look at. The prosecution opens with a statement summarising the case and the defence barrister responds. The trial then begins with prosecution and defence witnesses being called by each side and - after they swear an oath or affirm they will tell the whole truth - examined/cross-examined. A case like this might take a few days because the day is quite short - trials usually run from 10.00 - 4.00, with lunch and various breaks plus time wasted on procedural and legal queries. At the end both sides sum up their case, the judge gives an overall summary and direction to the jury who are then taken by the Court Usher to a closed jury room to discuss after the Usher has locked the door. It's just like any bland business meeting room with tea/coffee, food etc. They will agree a verdict of guilty - at least 10 must agree the evidence is "beyond reasonable doubt" - or they must find not guilty. When they've reached a decision, they call the Usher to notify the judge to call everyone back in to court where the jury foreman, when asked, says "guilty" or "not guilty". If guilty the defence barrister will make a plea in mitigation and then the judge will give an indication whether a prison sentence is likely, then the defendant will be remanded in custody for sentencing or released if the judge agrees. The judge usually has a day or so to review the trial and any mitigation evidence before another hearing for sentencing.

Rumpole's fun but not realistic - Kavanagh QC is better - but the best research is to go along and sit in the court public gallery to see first hand what goes on and understand the process. But you won't be able to see a child case because things are different - the court is "closed" to press and visitors, young children will appear by video link and no-one wears wigs.
 

[Thorn Wilde]

My minor is 16, so don't know if that counts as child or not.

 

Would you happen to know how much of the case is likely to be heard in the magistrate's court? That is to say, will witnesses be examined there at all or is it more of a prosecution presents their case, defence responds and magistrates/district judge go, ok, this one's too big for us, take it upstairs?

[Zombie]

My minor is 16, so don't know if that counts as child or not.

 

Would you happen to know how much of the case is likely to be heard in the magistrate's court? That is to say, will witnesses be examined there at all or is it more of a prosecution presents their case, defence responds and magistrates/district judge go, ok, this one's too big for us, take it upstairs?

 

For all child witnesses - under 18 - there is a presumption that they will give their evidence in chief by video recorded interview and any further evidence by live link unless the court is satisfied that this will not improve the quality of the childs evidence.

However a child witness may opt out of giving their evidence by either video recorded interview or by live link or both, subject to the agreement of the court. If the child witness opts out then there is a presumption that they will give their evidence in court from behind a screen. Should the child witness not wish to use a screen they may also be allowed to opt out of using it, again subject to the agreement of the court. In deciding whether or not to agree to the wish of the child witness the court must be satisfied that the quality of the childs evidence will not be diminished.

 

http://www.cps.gov.uk/legal/s_to_u/special_measures/

 

The Magistrates' Court acts like a filter for the Crown Court to ensure there is a case to answer not to try the case, so there are no witnesses. The charge will relate to a statute which will specify whether the case can be dealt with by Magistrates - less serious - or must be referred to the Crown Court, or sometimes the defendant has an option, so you'll need to research which offence(s) [may be more than one] he/she's being charged with.

[Thorn Wilde]

Cheers very much, Zombie.

[Celethiel]

yeah Zombie, "Never Surrender" knows has studied some British Law, you might want to try to ask her.

[Thorn Wilde]

yeah Zombie, "Never Surrender" knows has studied some British Law, you might want to try to ask her.

 

Never PM'd me herself.

[Celethiel]

good