In 2003-4 the Crown Court dealt with 31,018 cases for sentencing from the magistrates. As the Magistrates' Court only has the power to impose a six-month custodial sentence or a £5,000 fine, the court has the power to commit defendants to the Crown Court for sentencing — this can be done when they are of the opinion that either the offence, or the combination of the offence and one or more offences associated with it, was so serious that greater punishment should be inflicted than the Magistrates' Court has power to impose, or, in the case of a violent or sexual offence, that a custodial sentence longer than the court has power to impose is necessary to protect the public from serious harm. Committals may also arise from breaches of the terms of a Community Rehabilitation Order or a suspended sentence of imprisonment. The court performance target is that cases committed for sentence should be heard within 10 weeks.
3. Trials
The Crown Court disposed of 83,247 committals for trial in 2003-4. Taking into account 29,752 cases still outstanding, the implied waiting time for trials was 18.5 weeks. This is the time between committal or lodging an appeal and the start of the Crown Court hearing. This level of delay has been gradually worsening over the last 6 years. The average time to try a case on a plea of not guilty is about 7 hours. Since the average length of a sitting day is 4.33 hours, this implies that a not guilty case takes just over the equivalent of one and a half court days.
4. Appeals from the Crown Court
Main article: Appeals from the Crown Court
See also: Courts of England and Wales
When the Crown Court is dealing with a matter connected with a trial on indictment (i.e., a jury trial), appeal lies to the criminal division of the Court of Appeal and thence to the Supreme Court. In all other cases, appeal from the Crown Court lies by way of case stated to a Divisional Court of the High Court.
5. Judges
The Judges who normally sit in the Crown Court are High Court Judges, Circuit Judges and Recorders. Circuit Judges also sit in the County Court. Recorders are Barristers or Solicitors in private practice, who sit part time as Judges. The most serious cases (treason, murder, rape etc.) are allocated to High Court Judges and Senior Circuit Judges. The remainder are dealt with by Circuit Judges and Recorders, although Recorders will normally handle less serious work than Circuit Judges. The allocation is conducted according to directions given by the Lord Chief Justice of England and Wales.
6. History of the Crown Court
The Crown Court was established in 1972 by the Courts Act 1971 to replace the courts of Assize and Quarter Sessions. The Crown Court is a permanent unitary court across England and Wales, whereas the Assizes were periodic local courts heard before judges of the Queen's Bench Division of the High Court, who travelled across the seven circuits into which England and Wales were divided, assembling juries in the Assize Towns and hearing cases. The Quarter Sessions were local courts assembled four times a year to dispose of criminal cases which were not serious enough to go before a High Court judge.
A Crown Court and a County Court may be located in the same building and use the same jurors. Since the establishment of Her Majesty's Courts Service in April 2005 there is an increased sharing of facilities between Crown Courts, County Courts and Magistrates' Courts.
7. Physical layout
At the front of the court, on a raised platform, is a large bench. This is where the judge sits. His rank can be distinguished by the colour of gown worn, and different forms of address are appropriate for different ranks of judge, with "your honour" being the most common. The judge enters from a door at the side of the platform, preceded by a cry of "court rise" from the usher or clerk of the court who sits below and in front of the judge's bench. Everyone in the court is expected to show his subjection to the Court by standing as the Judge enters and until he sits down.
The clerk of the court, who sits facing the court (that is, the same way as the judge) has a smaller desk on which sits a telephone, used when communication is necessary with other parts of the court building (for example the jury assembly area or the cell complex).
Also in the area just in front of the judge's bench is the sound recordist. Proceedings will be recorded on a double deck cassette recorder with one tape or the other being changed at intervals. This record may be used if the case later goes to appeal.
Additionally there may be a court reporter who also records proceedings on a stenograph, by typing keys as the witnesses speak, using special shorthand. Alternatively, if there is no stenographer, a tapelogger or shorthand writer will be there to operate the tapes and ensure that a log of the proceedings is kept.
Facing the clerk will be the usher. If papers or other objects need to be passed around the court, for example notes from members of the jury, or evidence being shown to the jury, normally the usher will do this and will be the only person in the court to walk around while the court is in session.
Behind the usher, wearing black gowns and white wigs and facing the judge, will be the prosecuting and defending barristers. The defending barrister will usually be nearest the jury. They will also be likely to have laptop computers in addition to files of papers relating to the case which will be on the desk in front of them. Unlike the judge, who speaks sitting down, the barristers always stand to address the court.
Behind or alongside the barristers will sit the instructing solicitors, which in the case of the prosecution will either be a representative of the Crown Prosecution Service or policemen concerned with the case. The latter is more common with trials, whilst the former is more apparent in sentences, plea and case management hearings and other such cases.
At the back of the courtroom, behind the barristers, is a semi-partitioned area known as the "dock". This is where the defendant or defendants are placed. A custody officer will be sitting with them in the dock.
Also at the back of the court, often adjacent to the dock, is a small area where the public can observe the proceedings. In some courts, notably the Old Bailey, this area is positioned above the defendant.
Taking of notes is usually forbidden in the public gallery. Members of the press must sit in the press bench, which is usually positioned alongside the prosecuting barrister. Etiquette usually requires reporters to identify themselves to the usher before taking position here and starting to write.
Alongside the defending barrister is the jury box. This is where the jury watch the case from. They will be called to it from the jury waiting area (benches next to it) to be sworn in. Once sworn they always sit in the same seat throughout the trial. If proceedings (such as legal argument about the admissibility of evidence) take place which they are not supposed to see occur, the usher will escort them into a room just outside the courtroom (probably behind the dock). Only jurors and ushers ever enter this room.
Opposite the jury box is the witness box. Witnesses stand facing the jury and give their evidence so the jury can watch their demeanor while giving it, which might help them decide if the witness is being truthful.
When the judge sends the jury to consider their verdict, the usher escorts them to a small suite consisting of a large table, 12 chairs, lavatory facilities, paper and pencils, a button with which to call the usher and prominent notices about not revealing deliberations to anyone else. The usher withdraws, and when the jury have arrived at a verdict, they push the button.
During deliberations only limited contact is permitted with the outside world, always via the usher. The jury will be permitted only (a) to call for refreshments, (b) to pass a note to the judge, perhaps asking for further guidance, or (c) to announce that they have reached a verdict. The judge may decide to recall them to the court to address them again at any time.
8. Circuits
Originally, the court was divided into six circuits as follows:
| Circuit | Area |
| NorthEasternNorthernMidland South Eastern Wales and Chester Western | Northumberland, Durham, Yorkshire Cumberland, Westmorland, Lancashire and part of Cheshire Staffordshire, Shropshire, Herefordshire, Worcestershire, Warwickshire, Leicestershire, Rutland, Northamptonshire, Derbyshire, part of Buckinghamshire, most of Oxfordshire, part of Berkshire Norfolk, Suffolk, Cambridgeshire and Isle of Ely, Bedfordshire, Hertfordshire, Essex, most of Buckinghamshire, part of Oxfordshire, most of Berkshire, Greater London, Surrey, Sussex, Kent Wales, and most of Cheshire Gloucestershire, part of Berkshire, Bristol, Wiltshire, Hampshire, Dorset, Somerset, Devon and Cornwall |
The Judicial Branch in the USA
1. Courts in the United States are subdivided into two principal systems: the federal courts, referred to as United States courts, and the state courts. There is the Supreme Court of the United States, the members of which are appointed for life by the president with the Senate approval and federal courts which are created by the Congress. The Supreme Court is composed of nine judges, who are called justices. It is the highest court in the nation. It interprets the laws and reviews them to determine whether they conform to the U.S. Constitution. If the majority of justices rule that the law in question violates the Constitution, the law is declared unconstitutional and becomes invalid. This process is known as judicial review. All lower courts follow the rulings of the Supreme Court.
2. Judges of federal courts are appointed for life by the president with the approval of the Senate. These courts are the district courts, tribunals of general original jurisdiction; the courts of appeals, exercising appellate jurisdiction over the district courts. A district court functions in each of the more than 90 federal judicial districts. A court of appeals functions in each of the 11 federal judicial circuits and in the District of Columbia; there is also a more specialized court with nationwide jurisdiction known as the court of appeals for the federal circuit.
3. Federal Courts have the power to rule on both criminal and civil cases. Criminal action under federal jurisdiction includes such cases as treason, destruction of government property, counterfeiting, hijacking, and narcotic violations. Civil cases include violations of other people's rights, such as damaging property, violating a contract, or making libelious statements. If found guilty, a person may be required to pay a certain amount of money, called damages, but he or she is never sent to prison. A convicted criminal, on the other hand, may be imprisoned. The Bill of Rights guarantees a trial by jury in all criminal cases. A jury is a group of citizens - usually 12 persons - who make the decision on a case.
4. Each state has an independent system of courts operating under the constitution and laws of the state. The character and names of the courts differ from state to state but as a whole they have general jurisdiction and handle criminal and other cases that do not come under federal jurisdiction.
5. The state court systems include a number of minor courts with limited jurisdiction. These courts dispose of minor offenses and relatively small civil actions. Included in this classification are police and municipal courts in cities and the courts presided over by justices of the peace in rural areas. Between the lower courts and the supreme appellate courts, in a number of states, are intermediate appellate courts. Courts of last resort, the highest appellate tribunals of the states in criminal and civil cases and in law and equity, are generally called supreme courts.
6. In some states, judges are publicly elected, in others they are appointed, by state governors or by special bodies such as judicial councils - though except at the lowest levels only lawyers are eligible for election or appointment. Some judges hold office for fixed periods, but others are installed for life or up to a retiring age; or there may be provision for 'recall'. Under this arrangement a group of people dissatisfied with a judge may collect signatures on a 'recall' petition, and if the signatures reach the required number the people of the state (or county) vote 'yes' or 'no' to the question whether the impugned judge should be confirmed in office.
The US Supreme Court and Its Procedures
A Term of the Supreme Court begins, by statute, on the first Monday in October. Usually Court sessions continue until late June or early July. The Term is divided between "sittings," when the Justices hear cases and deliver opinions, and intervening recesses, when they consider the business before the Court and write opinions. Sittings and recesses alternate at approximately two-week intervals.
With rare exceptions, each side is allowed 30 minutes argument and generally 22 to 24 cases are argued at one sitting. Since the majority of cases involve the review of a decision of some other court, there is no jury and no witnesses are heard. For each case, the Court has before it a record of prior proceedings and printed briefs containing the arguments of each side.
During the intervening recess period, the Justices study the argued and forthcoming cases and work on their opinions. Each week the Justices must also evaluate more than 110 petitions seeking review of judgments of state and federal courts to determine which cases are to be granted full review with oral arguments by attorneys.
When the Court is sitting, public sessions begin promptly at 10 a.m. and continue until 3 p.m., with a one-hour lunch recess starting at noon. No public sessions are held on Thursdays or Fridays. On Fridays during and preceding argument weeks, the Justices meet to discuss the argued cases and to discuss and vote on petitions for review.
When the Court is in session, the 10 a.m. entrance of the Justices into the Courtroom is announced by the Marshal. Those present, at the sound of the gavel, arise and remain standing until the robed Justices are seated following the traditional chant: "The Honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States. Oyez! Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court!"
Prior to hearing oral argument, other business of the Court is transacted. On Monday mornings this includes the release of an Order List, a public report of Court actions including the acceptance and rejection of cases. Opinions are typically released on Tuesday and Wednesday mornings and on the third Monday of each sitting, when the Court takes the Bench but no arguments are heard.
The Court maintains this schedule each Term until all cases ready for submission have been heard and decided. In May and June the Court sits only to announce orders and opinions. The Court recesses at the end of June, but the work of the Justices is unceasing. During the summer they continue to analyze new petitions for review, consider motions and applications, and must make preparations for cases scheduled for fall argument.