JUDICIARY SYSTEM IN ENGLAND AND WALES IN

CRIMINAL INVESTIGATION:

RABEEA AHMAD
JUDICIARY SYSTEM IN ENGLAND AND WALES IN CRIMINAL INVESTIGATION:

Table of Contents

1. INTRODUCTION 3

2. STRUCTURE OF COURTS 4

2.1. SUPREME COURT 5

2.2. THE COURT OF APPEAL 5

2.3. THE HIGH COURT 6

2.4. THE CROWN COURT 7

2.5. COUNTRY COURT 8

2.6. FAMILY COURT 8

2.7. MAGISTRATE COURT 9

2.8. SPECIALIST COURT 10

3. THE CROWN PROSECUTION SERVICE 11

4. CONCLUSION 12

5. REFERNCES 13
 1. INTRODUCTION:

The system of justice in England as well as in Wales is made on the magisterial court

system under the crown for which all authorities of legal actions are carried out. The

system of justice which is practiced now is much advanced from which was practiced

1000 years ago. The system is practiced widely and appreciated due to its outstanding

and autonomous culture. A country is known by the system of justice it has for its

citizens and how good the law abiding organizations are. England and Wales enjoy the

reputation of being the world’s top notch country to set the highest standards of judiciary

system not only for criminal cases but for civil as well as family cases. The basic

framework and network for the criminal justice system that is practiced in England and

Wales is described in the following flowchart.

 2. STRUCTURE OF COURTS:

The structure of courts in England and Wales is shown by the diagram below.[1]. The

structure of the system of courts in England as well as Wales consists of a Supreme

Court at the highest level that deals with appeals transferred or forwarded from the

Court of Appeal and the High court. The court of Appeal can receive requests from the

High court, or other tribunal systems and judiciary levels including the Crown Court,

Family Court and the Magistrate court. The Crown court itself can receive requests from

the magistrate court which can also transfer appeals to the High court if necessary in

case of severe and genuine cases.

 2.1 SUPREME COURT:

The highest court for justice procedure is the

Supreme Court that has the greatest status. The

Supreme Court invites appeals from all other courts

that faces any doubts during the hearing process. It

works for solving cases especially the criminal cases

in United Kingdom including England and wales and

also Ireland.[3]

In Scotland the Supreme Court can process cases coming from the lower standard

courts especially the High court that is mainly concerned with criminal proceedings.[2]

2.2 THE COURT OF APPEAL:

The Appeal court as well as the High court are the most senior courts in England aster

the Supreme Court. It is subdivided into further two parts as the Criminal and the civil

divisions.

The Civil court deals with issues such as of family related matters while the criminal

division deals with cases of violence. For precedence of cases in the High court an

agreement or a request form is appealed by the Court of appeal with an application of

consent.

The cases are heard by the relevant authorities in the courts which includes a Heads of

Division, Lord Justices of Appeal and other legal expertise.

The division of crime deals with the appeals in the sector of crime from the Crown Court

by the help of an attorney general. The seat of division consists of a Lord or a Lady

Justice, with two high court justices to hear the appeal.[5] The criminal cases are

specifically heard by the Lord Chief Justice, The Queen’s bench leader and the VP of

the court. This is done in order to get a decision that is hundred percent on fair grounds.

[4]

2.3 THE HIGH COURT:

The High Court is the one that deals with more family related cases. It contains three

division which are the Queen’s Bench, Family and Chancery. Each bench has a head

for legal decisions and the head of Chancery is known as a Chancellor of the High

Court which a President heads the bench of Queen as well as the family.
A flowchart diagram below shows the different benches as well as their functionality in

the High Court system of England and Wales.[2]

2.4 THE CROWN COURT:

The crown court is the main central court of England and Wales that deals with criminal

cases especially the one that are of very serious aptitude and are usually transferred

from the Magistrate court. It includes cases such as murder, robbery, rape and many of

such extent.[7]

The defendant of the proceeding are called in the magistrate court and then further

proceeded in the crown court. Crown courts also deals with appeals made for decisions

against the ones announced by the magistrate court. The cases are heard by judges
and jury and finally a jury decides upon the matter. The decision of the jury is

unanimous but the majority vote still holds in the favor of judge.[6]

The decisions of the crown court may be further proceeded for appeal to the criminal

division of the Court of Appeal.

2.5 COUNTRY COURT:

The country court deals with decisions and matter of the family usually which are non-

criminal. It mostly deals with issues of monetary fund’s such as capture of land or

properties. The most common kind of cases that are dealt in the country courts are

family matters. The cases with severity such as those involving huge cash involvement

are dealt directly in the High court.

2.6 FAMILY COURT:

The Family court system was establish in the year of 2014 with a public ward open to

hear all proceedings of any kind of injustice in the civil lives especially the family

matters. It is formed of a system that includes officers, judges of district level,

magistrates, circuit judges and high court judges.[8]

The benefit of such courts is that it deals with the family matters only that helps to speed

the process of hearing and final decisions and hence justice is served rapidly since we

know that justice delayed is justice denied.

2.7 MAGISTRATE COURTS:

The magistrate courts hears proceedings especially for the criminal cases. The most

import and sensitive cases are proceeded to the crown court after a major hearing from

the judges. The less severe cases are heard in the courts which are much compatible to

the level of family courts

There are majorly three categories of the cases that are proceeded in these courts and

includes:[4]

 Less Genuine cases

 Cases that need only an adjudicator or jury

 Severe cases that requires the attention of the crown court.

 2.8 SPECIALIST COURT:

These are the courts that deals with special kind of cases and includes the Coroner’s

courts having an executive body for legal actions. The court proceedings are carried out

by proper investigations.[4]

The investigations and proof helps the court judiciary to find to find the truth. The proof

in these investigations can be taken as the reason behind the death or demise of a

person.

The final viewpoint of the jury is offered after the proofs and investigation conclusions

are presented.

3. THE CROWN PROSECUTION SERVICE:

The crown prosecution service or commonly abbreviated and known as the CPS is the

accountable body to deal with criminal cases that are investigated by the police of

England and Wales. The crown prosecution service is a free body independent of any

decisions by the government or the police and manages to carry out investigation with

full fairness. The crown prosecution service prevails to:[6]

 Choose the precedence in cases.

 Sort the extent and severity of charges in cases before investigations.

 Plan and present cases to courts.

 Provides data.

 Helps to protect the witnesses.

The people that are in authoritive body of the crown prosecution service are selected so

that they are reasonable with a level head of autonomous decision making. The

investigations are carried out by following a proper code of conduct which mainly

includes the criminal officers as well as the investigation branch head.[5] The cases is

concluded with sufficient evidences to prove the victim guilty or free. The crown

prosecution service works in close closure with the department of police, the judiciary

system of the England and Wales and the general public to offer the best of its services.

The working of the network of the crown prosecution services is as follows:

 4. CONCLUSION:

The crime is reported to the police by first giving a statement, then different

investigations are carried out by the Police as well as the CPS. During all this victim’s

personal statement is recorded as well and provided with full protection by the state.

There are many kind of tests conducted by the CPS including the evidential test, public

interest test and further test that decide whether to prosecute or not.[4]

The Crown court cases are carried out by a proper system of jury. The bench of jury

consists of 12 individuals from the total population that aims at collecting proof during
the initial stages of investigations. It provides all available status of fairness to ensure

that justice is served rightly and any wrong doing in the state is reported and actions are

taken against them.

The criminal justice system workflow diagram is shown below which demonstrates the

basic pathway that is followed for solving a criminal case.

5. REFERNCES:
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