Role of Criminal Law and its Courts

Role of Criminal Law

Criminal law is the body of law that defines criminal offences and sets out their punishment. Its primary purpose is to protect the general public by sanctioning individuals who commit harmful acts.
A criminal offence is seen as a crime against society rather than solely against the individual victim.
The state, rather than the victim, brings the criminal proceedings against the accused individual, known as the defendant.
Criminal offences range from minor offences such as traffic violations, to serious crimes like murder or robbery.
A guilty verdict in a criminal trial can result in a range of punishments, including fines, community orders, imprisonment and, in some countries, the death penalty.

The Criminal Court Structure

The criminal court system in England and Wales is primarily made up of Magistrates’ Courts and the Crown Court at the first instance, followed by the Court of Appeal and the Supreme Court.
Most criminal cases start in the Magistrates’ Court. These courts deal with less serious offences, such as minor theft or public order offences, and initial hearings for more serious offences.
Cases involving serious offences, such as murder or rape, are dealt with in the Crown Court. Trials in the Crown Court are before a judge and a jury.
The Court of Appeal hears appeals from the Crown Court. The Court of Appeal only handles cases where a point of law or sentencing is being questioned.
The Supreme Court is the final court of appeal, dealing with a small number of important cases that impact the law as a whole. It only accepts cases on significant points of law.

Processes and Proceedings in Criminal Cases

Criminal cases usually begin when the police arrest a suspect and the Crown Prosecution Service decides to press charges.
A prosecutor, who represents the state, presents the case against the defendant. The defendant has the right to legal representation.
The case is summarised in an initial charge or summons, and a plea is entered: guilty or not guilty.
In a full trial, the prosecution presents its evidence first, to which the defence can then respond. Witnesses can be called and cross-examined by both sides.
The judges or jury make a verdict of guilty or not guilty based on whether the evidence proves beyond reasonable doubt that the defendant committed the crime.
If the defendant is found guilty, the judge determines the appropriate punishment, or sentence, according to statutory guidelines and any relevant case law.