Considering I did Jury Service about a decade ago, that's news to me...
Perhaps some clarification, is required?
England and Wales courts
Criminal Cases
The more serious criminal cases are tried on the basis of a document called the indictment -
the defendant is indicted on criminal charges specified in the indictment by the prosecutor. In most cases, the prosecution is on behalf of the Crown (the State) and is handled by an official agency called the Crown Prosecution Service, which takes the case over from the police who have already investigated most of the evidence. The first stage will be to decide whether there is a case to answer - what is called a prima facie case. This process, called committal, will be dealt with by a magistrate on the basis of evidence disclosed in papers provided by the prosecutor. If the case proceeds, it is heard in the Crown Court (there is only one Crown Court but it has about 70 centres around the jurisdiction). The trial is before a judge and jury. The judge presides over the trial process by attempting to ensure clarity and fairness. The judge must also consider and decide on legal issues (such as whether a piece of evidence is admissible - should be put before the jury) and also instruct the jury as to the correct view of the law relevant to the case. The jury decides the facts - whose story is more believable - and applies the law to those facts. So, it is the jury not the judge which reaches a verdict on the guilt or innocence of the defendant. In criminal cases, the prosecution has the burden of proof - it must prove guilt, rather than the defendant having to prove innocence. The standard (= level) of proof is heavy - guilt must be proven beyond reasonable doubt.
In less serious criminal cases (which comprise over 90% of criminal cases - see Home Office Research & Statistics Directorate web site for statistics, e.g. see the 1996 British Crime Survey), the case is sent for summary trial in one of over 400 magistrates’ courts. A summary trial means there is no committal and no jury. The trial is before a bench of magistrates. In most cases, there are three magistrates who are "lay" persons - in other words, they are not professional judges nor are they lawyers, but, like the jury, they are persons from the local community. However, there is now an increasing number of "stipendiary" magistrates - paid magistrates who are qualified lawyers. Stipendiary magistrates are, for historical reasons, most common in London and in other large cities. See The Place Of The Magistrates Court In The English Judicial System, and also The English Magistrate which gives a description of the nature and role of the English Magistracy (See for example, the web site of Trafford Metropolitan Magistrates Court and its Code of Practice).
Those defendants who are dissatisfied by the verdict may be able to appeal:
- from the Magistrates’ Courts, there is an appeal to the Crown Court on matters of fact or law .
- from the Crown Court, it might be possible to appeal to the Criminal Division of the Court of Appeal on matters of fact or law
- certain legal disputes arising in the magistrates’ courts or the Crown Court can be taken before the Divisional Court of the High Court
- finally, matters of important legal dispute arising in the Crown Court or Divisional Court may be appealed to the House of Lords - see Information on the Judicial Work of the House of Lords describing the jurisdiction of the House, the Law Lords, procedure, and the history of the House's judicial role. See also the judgments of the House of Lords delivered sinceNovember 1996 on-line. Abstracts of House of Lords cases since 1992 are available here. See also a BBC March 1998 Special Report on "What does the future hold for the Lords ?" The BBC Special Report also includes sections on "The House of Lords: A brief history of time" and "Lords reform under way."
