In many countries, someone accused of a serious crime will be tried in a court of law in front of a judge and jury. The jury is chosen at random from the general public and is usually made up of 12 people. The accused person — the defendant — will he represented by a lawyer, who will try to convince the jury that his or her client is not guilty. The prosecution lawyer will try to establish guilt. Judges are usually appointed by the state. They advise the jury and decide on any punishment necessary.
Most people feel very strongly about crime, and judges and magistrates play a vital role in the criminal justice system – especially when it comes to sentencing.
Criminal cases come to court after a decision has been made by, usually the Crown Prosecution Service, to prosecute someone for an alleged crime. In the vast majority of cases (over 95 per cent), magistrates hear the evidence and, as a panel, make a decision on guilt or innocence. For more serious cases a district judge (Magistrates’ Court) or a circuit judge in the Crown Court will hear the evidence, and in the case of the latter, this will involve a jury trial. Very serious criminal cases, such as murder and rape, may be heard by a High Court judge.
Both magistrates and judges have the power to imprison those convicted of a crime, if the offence is serious enough. But imprisonment is not the only solution; a judge or magistrate can order a community punishment, or put an individual under some sort of control order where their movements or activities are restricted. Although punishment is a key consideration when sentencing, judges will also have a mind as to how a particular sentence may reduce the chances of an individual re-offending.
Before a criminal trial starts the judge will familiarise himself or herself with the details of the case by reading the relevant case papers. These include the indictment which sets out the charges on which the defendant is to be tried, witness statements, exhibits and documentation on applications to be made by any party concerning the admissibility of evidence in the trial.
For jury trials in the Crown Court, the judge supervises the selection and swearing in of the jury, giving the jurors a direction about their role in the trial of deciding the facts and warning them not to discuss the case with anyone else.
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