By Frances Burton
This e-book units out the felony litigation procedure in a transparent and logical order,explaining the systems in a fashion that may be understood by means of scholars with out previous wisdom. all of the major features of legal litigation are coated, together with: an summary of the courts and their jurisdictions; felony reduction and the obligation solicitor scheme; velocity and police station technique; bail; mode of trial and committal complaints; precis trial; trial on indictment; sentencing and appeals; and juveniles.
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3 ‘Instructions’ and ‘briefs’ Where written instructions to counsel are prepared, although it is correct to speak of ‘instructing’ counsel when preparing all such documents, it is usual, if the instructions are to appear on behalf of the client in court, to refer to those instructions themselves as a brief. If the instructions are to advise, either in conference or in writing, it is correct merely to use the word ‘Instructions’, thus reserving the term ‘brief’ for court work only: technically the two words are not interchangeable, although the verb ‘to instruct’ is applicable to both situations.
Each charge in the indictment is called a count and it is to these that a defendant pleads guilty or not guilty at the start of the proceedings. Where there is a plea of not guilty, trial takes place before a legally qualified judge and a jury composed of 12 lay people. The judge controls the proceedings, rules on all matters of admissibility of evidence and determines all questions of law. The jury determines all questions of fact and is responsible for reaching a verdict. If the defendant is convicted, the judge decides on sentence and has greater powers of sentencing than the magistrates’ court.
They cannot generally sentence a defendant to more than six months for any one offence or more than 12 months for any two or more offences or fine a defendant more than £5,000. Magistrates can in certain circumstances commit the case to the Crown Court for sentencing. 3 Where a case is heard depends on its classification. There are three categories of offence • Offences triable only on indictment • Offences triable only summarily • Offences triable either way. Offences triable only on indictment Serious offences such as murder, rape, etc can only be tried on indictment.