General Chat

If someone is tried in a Crown Court, is there a jury present, and is it in front of a judge as opposed to a magistrate for instance.
Julia in Derbyshire

It Judge & Jury for Crown....not that i've ever been in front of one lol

Thanks for that info. Julie. Do the jury have to come back in when the person is sentenced, two weeks hence, or does the judge dispense with their services after the actual trial.
No, I have never been in one either LOL
Julia in Derbyshire

Julia..that i don't know as i have never done Jury services...maybe someone that has could answer that one

But then again when watching on TV don't they say..we the member of the jury find the defence guilty of.....

Then the judge passes sentence

But i could be wrong lolol

Thanks Julie, in this case, sentence is to be in two weeks time.
Julia in Derbyshire

i know somtimes if ya gona get more than 9 month ya can be seen in magistrates but send to crown just for sentences, therefore no judge n jury just sentancing

but if ya tried at crown, judge n jury there, if your pleading not guilty

but if your pleading guilty ya would still go to crown if its serious, but will only for sentencing so judge n jury

hope tht makes sence lol x

just realised ya last few posts the jury are not present when they are sentance BUT they can ring up and ask what the sentance was as i was a jurer altho got on no case hahahaha

but was int he jury room when they were saying thy could ring up and ask what the sentencing was

xxx

no jury if pleading guilty,

I don't know Julia lol... I have been to a Magistrates' courts, but have never been up in front of a Jury

its the Magistrates' courts that send you to Crown courts

Thanks Stray, don't think the jury will need to ring the court for the verdict, not when the media get hold of it.
Bob, does that mean that a guilty plea is worked out before the case, so that no jury is needed.
Also what if the felon pleads guilty to 14 out of 15 charges. That still leaves one not guilty plea
I onlu know what I have seen on the telly, so not sure of the proper procedure.
Julia in Derbyshire

oh your right julie, i know one case he was sentances there n then coz they tld the court of past convictions before sentencing,


but iknow others were told thy woulndt be there n had to ring up if they wanted to know the sentence given out

so it must depends ont he case n if reports needed to be done before passing sentence xxx

RB..it depends on the crime..mine was minor, well i thought it was...might not have been to the other person

Stray...i was only going by what i had seem on TV & you know they don't always get it right lol

xx

Julia

Have a read of this, but i don't know how correct it is

England, Wales and Northern Ireland
Law of England and Wales


A magistrates' court in England and Wales is composed of a bench of (usually three) JPs or magistrates, who dispense summary justice: that is they decide on offences which carry up to six months in prison, to a maximum of a year of imprisonment over not less than two indictable offences. They are advised on points of law and procedure by a legally-qualified Justices Legal Adviser. No formal qualifications are required but magistrates need intelligence, common sense, integrity and the capacity to act fairly. Membership is widely spread throughout the local area and drawn from all walks of life. All magistrates are carefully trained before sitting and continue to receive training throughout their service. Magistrates are unpaid volunteers but they may receive allowances to cover travelling expenses and subsistence. Lay justices or magistrates must sit for a minimum of 26 sessions (half-days) per year, but some sit as much as a day a week.
In addition to the lay justices, there are a small number of district judges (magistrates' court), formerly known as stipendiary magistrates. These are legally-qualified, full-time members of the magistracy and hear cases alone, without any other magistrates on the bench. It is important to distinguish the district judge (magistrates' court) from the district judges who usually sit in the county court.
Magistrates' courts today can deal with minor offences (fines of up to £15,000, and imprisonment of up to 9 months or 15 months for consecutive sentences) and handle over 95% of the criminal cases in England and Wales and Northern Ireland[8]. With more serious offences, magistrates are responsible for indictment and committal to the Crown Court (a task in former times dealt with by a grand jury). Magistrates also had some limited civil jurisdiction, such as licensing applications, although these functions were mostly removed from them under the Licensing Act 2003 and transferred to local authorities. The Magistrates now act in licensing matters only as an appeal court from the decisions of the local authority.
Until the Courts Act 2003 came into force, magistrates were tied to a particular area (see magistrates' court committee, commission area, petty sessions area). This has now been changed such that they are assigned to local justice areas, but less strongly.
The Courts Act provides the current framework for appointment of the justices, which is done by the Lord Chancellor in the name of Her Majesty. Justices can also be removed by the same mechanism. District Judges (Magistrates' Court) - previously known as Stipendiary Magistrates - must have a 7 years' general legal qualification, and are appointed by Her Majesty on the advice of the Lord Chancellor.
[edit]Scotland

if he pleads not guilty to one of 15 it would have to be a jury for the one he pleads not giulty for,

and then if he is found guilty he will be sentenced for the full 15

if found not guilty to the one he will only be sntenced for the 14 he has pleaed guilty too

or depending on the case severity they may drop the one hes not pleading guilty to and just do him for the 14

to be honest julia it totally depends ont he offence and what is int he public intrest, also funding etc xxx

"depends on the crime" yes it does the Magistrates' courts can only hand sentences to a certain level, but i think all cases start in them, and yes a guilty plea before you get to Crown court then no jury just a plea from you, hope the judge goes easy on you, then he puts on his black cap and you finish up on the end of a rope, lol

Thanks all for your info. Will just have to go to the sentencing, and see what happens. And yes, Stray, it is severe, and in the public interest, as they call it.
Julia in Derbyshire

PS. Bob, in this case, a black cap would be too good. I am sure the person will get his 'just deserts' in his new home. They just love that sort, inside.