Law

A detailed Summary of Law

In an the crown court, the prosecution of someone accused of an indictable case is set out in the following manner:

S The prosecution begins by briefly outlining the facts of the case to the courtroom.

S The prosecution then calls witnesses to the court and produces evidence to support its case. At this point the defence is permitted to cross-examine and challenge the evidence.

S The defence then presents its own case, following the same procedures, were by the prosecution is able to challenge and cross-examine, defence witnesses and evidence.

S At the end of both sides cross-examination, both sides will sum up its case, which, is in turn followed by a judges summing up.

S At this point the jury is sent out to determine a unanimous verdict (although the judge may accept a majority verdict of at least 10 to 2).

S If the verdict is guilty, the defence makes a plea in mitigation, asking the judge to be lenient in sentencing.

S Following a non-guilty verdict the defendant can leave the court, acquitted.

However, following the verdict and sentencing an appeal procedure may occur.

If a defendant is found guilty they may wish to appeal to the Court of Appeal (C.A.) or the Divisional Court of

An example from a defendant's perspective is that if the mass media manage to persuade public opinion that the defendant is already guilty, the jury chosen may perhaps already have decided upon a verdict before they even enter the court to hear the case. Such as when a newspaper reveals information from defendants past, which could contain information about previous convictions or social/economic problems.

Some examples of why the defendant may appeal could be on the grounds of:

Though, the defendant may only appeal to the Q.B.C. on a point of law only, whereas, in the C.A. they may appeal on the sentence and facts.

In this instance the requirement of the jury has somewhat been undermined and the case would be fairer for the defendant if it were not present, though it must not be denied that the jury's presence in most cases is of great significance to the fair verdict of the defendant.

Some common words found in the essay are:
Crown Court, LAW HOMEWORK, Lords HL, Division QBC, auld committee, crown court, defendant appeal, suggested auld committee, court appeal, appeal court, correct verdict, verdict defendant, mass media, suggested auld,

Approximate Word count = 950
Approximate Pages = 4 (250 words per page double spaced)

Category: Politics

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