Types of Offence and Courts
This assignment is set out to explain how courts deal with both
criminal and civil matters. It is sets out the role of the Police
Service, Fire Service and the Army within the English legal system.
There are three types of Criminal offences that the Criminal Courts
deal with. The three types of Criminal offence are;
* Either Way
These are dealt only within the Magistrates Court. They are generally
offences that are considered less serious and maximum punishment is
six months imprisonment and/or £5,000 fine. Examples of Summary
* Minor assaults
* Driving without a insurance
* Assault on a Police Officer
* Taking without owners consent
Either Way Offences
Either Way offences can be tried in either the Magistrates or the
Crown Court, depending on where the prosecution think is appropriate,
what the defendant wishes and the nature of the case involved. The
offences included are:
* Indecent assault
* Making off without payment
* Obtaining services by deception
* Going equipped for stealing
* Handling stolen good
* Possession of a controlled drug.
Indictable offences appear firstly in the Magistrates Court, but are
tried in the Crown Court. Indictable offences are generally serious
offences. They are punishable by the penalty prescribed by the law;
the maximum punishment is life imprisonment. Some indictable offences
* Aggravated burglary
The purpose of civil law is to resolve disputes between individuals
and/or companies rather than individuals and the state. When there is
a breach in civil law, an individual or a company will sue another
company or individual. They usually sue for money or compensation.
Smaller cases are heard in the County Court and lager cases are heard
in the High Court. For example claims under £5,000 are dealt with by
the small claims court (that is within the County Court). Claims under
£25,000 would usually be held in the County Court and claims over
£50,000 are heard in the High Court. However, claims between £25,000 -
£50,000 the difficulty of the case would be taken into consideration
to decide which court the case would be heard in.
However, there are different procedures for each court.
The Small Claims Procedure
The Small Claims court is part of County court and designed to deal
what claims under £5,000.the stage of the procedure is to take out a
summons and pay a small fee based on the amount being claimed. This
summons must include details of the claim; it has to be clear to the
defendant and the court why the...