UK Law and Court - What are the different courts? | The 4 Criminal Courts explained

[@waynezahra9213]

Wow. I know I’m 1 year late but that was extremely formative and direct. Thank you kindly Mr. 🙏🏻

[@thefiestaguy8831]

A few things to note. Firstly - all cases start in the magistrates to my knowledge, by start, I mean where the accused goes for their first hearing & plea. Secondly - it may surprise some people to know that you can actually go on trial in the magistrates court, the only differences being that the threshold of evidence required for conviction is lower, it's "on the balance of probability" as opposed to "beyond all reasonable doubt" in crown court, and that a trial in magistrates court does not have a jury, and is heard usually by several magistrates, or a district judge, usually referred to as a "DJ" in legal context. If you are sent to court for a summary offence, and plead guilty, they will hear it and decide the punishment, or sentence, they can only hand out a maximum of 6 months imprisonment for each offence, BUT only for a total of 12 months imprisonment no matter the amount of offences. If you plead not guilty, for a summary only offence, then you will go on trial in the magistrates court. If you go to magistrates for first hearing, for a serious (indictable) offence, such as rape, kidnap, murder, GBH (with or without intent) and plead guilty, they refer the case to crown straight for sentencing, if you plead not guilty, they refer the case to crown court for trial, with a jury and a judge. Finally, magistrates are not paid, and are volunteers, often being local teachers, shop workers, etc. They often have little or no knowledge of law which is why they have a court clerk present at hearings that can advise them on the relevant points of law or the legislation that is in play in relation to that specific offence or offences. Judges, on the other hand, are legally qualified and most know the law very well, having been hearing cases for many years, many crown court judges are of older age, typically 40-60 and have been in the industry a long time.

[@jdmldn]

That *IS NOT* correct: the burden of proof in the magistrates’ court is still beyond reasonable doubt - not balance of probability. Worth noting there are also “either way” offences: these can be heard in the magistrates or Crown Court. The magistrates will decide if they “accept jurisdiction” (i.e. think they can hear the case). If not, it goes to the Crown Court. If they do accept jurisdiction, the defendant decides whether they want to be tried in the Crown or magistrates court.

[@thefiestaguy8831]

@@jdmldn I'm fully aware of triable either way, I didn't mention those for simplicity's sake as it can get complex. I've always been under the impression it was on the balance of probability, which is why you are more likely to be convicted of an offence at magistrates court where there is no jury, than you are at crown, where defence barristers can convince the jury of the most unbelievable things, or undermine the prosecution, to the extent that you are less likely to be found guilty, but of course with more severe consequences.

[@harryj95]

@@thefiestaguy8831 I agree with James, for any criminal case it is always 'beyond reasonable doubt'. 'Balance of probability' only applies to civil cases.

[@gavinl4807]

And they've forgotten the Divisional Court which has supervisory jurisdiction over the magistrates' and Crown Courts. In the case of the former, that might be by way of "appeal by way of case stated". In the case of the latter, that might be because there is a dispute not relating to a matter concerning trial on indictment such as grant/refusal of bail or custody time limit extensions.

[@differentwavelength6553]

@@thefiestaguy8831 Fear of the trial penalty is why thousands of innocent people have to plead guilty. Better to accept a lighter guilty sentence than risk a heftier one if you have to audacity of trying to prove your innocence. The system is broken and rigged from top to bottom. Crown Court = CC (33) Magistrates Court = MC (33), County Court = CC (33) Court Judge = CJ (Christ Jesus) "His worship", "All rise", "His lordship" ... a very masonic chess game playing with peoples lives

[@Lachi2061]

Very helpful and easy to understand. I cannot find the other videos you mention though.

[@mrtns3422]

Me neither lol!

[@shannonodocherty8300]

very helpful with my alevel in law.

[@Metallica9391]

I graduated law school in the US and im sitting for the bar in July. I've always wondered about the differences and similarities. It seems like your Crown Court is similar to the Court of Common Pleas here. We also have the MDJ as well, but it seems to serve as the funnel for the CCP. Good vid!

[@karengallie9783]

Really useful video. Helps explain the court levels. I wish to apply to become a magistrate

[@Malcolm_99]

Thanks for this easy to understand video!

[@kimballentyne3482]

Interesting. Thank you for sharing this news.

[@waimar5457]

Is It true the if a defendant appeal one guilty verdict to a superior court and loose the appeal...the previous sentence Is charged with more fine or more jail time?

[@martakleps7243]

Marcin learned a lot thx

[@mirshahid9871]

Please share videos about law….thank you

[@zacbrown7333]

Thanks Dave in going’s 🎉

[@raveboxxofficial3958]

Great video please make more 🙏🏼🙏🏼🙏🏼🙏🏼

[@yusufgazi7]

Thanks

[@yungjj2418]

where are the rest of the videos man?

[@iaincampbellking7760]

This relates ONLY to England and Wales. Scotland has a different structure likewise Northern Ireland

[@Bobblenob]

Where does the coroners court fit in

[@hannahgibbs1314]

When will you make your never video on the difference civil law and criminal ? Please

[@glasgowmcglasgowfacevotegr7049]

The video deals with the law and legal system in England and Wales and not Scotland or Northern Ireland so it is in no sense referring to the law or legal system of the UK. Scots law is civilian-based [e.g. deriving from Roman/European civil law systems] with some common law elements. England and Wales have a common law system, like many countries formerly in the Empire. So-called 'UK Law' would relate only to the business of the Supreme Court in civil matters and constitutional/public law arising from questions of devolution/legislative competence, and [formerly] matters arising from EU law where domestic legislation conflicts with that of the EU.

[@halfbakedproductions7887]

And the terminology is different. The High Court in Scotland is broadly the same as the Crown Court in E&W. But England also has a "High Court" which is more like the Court of Session in Scotland (i.e. it hears non-criminal stuff, grants warrants for certain things etc.) Both countries have a separate Court of Appeal which fulfils a broadly equivalent function whichever side of the border you happen to be on. And finally the UK Supreme Court is there to settle disputes and cannot generally interfere in devolved matters.

[@glasgowmcglasgowfacevotegr7049]

@@halfbakedproductions7887 Unless its to say the Scottish Parliament can't hold an Independence referendum without some man in London consenting in which case the UKSC absolutely will interfere and say "No!!!!" (and for any Americans seeing this (1) There is no comparison at all between a US State and England/Scotland, (2) There is also no comparison between the UK Government and the US Federal Government, (3) The use of words like secession to describe countries leaving the United Kingdom is also not really accurate, it is by no means the same as the USA where there is a written constitution subject to limits on amendment, which spells out the prohibition on unilateral secession. The UK does not have a written constitution, nor is the idea that individual countries can leave the Union dealt with in any constitutional conventions or norms beyond a vague consensus that the UK is voluntary and the countries absolutely can leave it if they want to (but not necessarily whenever they like - hence why there *was* a 2014 Independence Referendum in the first place). The UK does not really have a comparator in the world, it would be more like if Canada, the USA and Mexico decided to form an American Union to be the new independent sovereign state, but still kept their own legislatures to deal with everything other than like Defence, Foreign Policy, key or high level Economic powers, immigration etc but not 99% of the day to day law that people actually encounter in their life.) I would actually say the situation with China is possibly closer to the UK Model (e.g. the realtionship between PRC, Hong Kong and Maccau).

[@aasifahansari3665]

Thanks a lot 👍

[@clxshy9925]

looking for someone in my class watching this

[@beeswarmmvp1806]

Did I ask

[@clxshy9925]

yeah u did

[@Zak7]

imagine being u

[@Zak7]

no wonder ur toxic

[@clxshy9925]

no u

[@radoslavbuda3879]

thanks much :)

[@daleguerra5326]

Keep up the good work..

[@axl481]

For the criminal law, is the Supreme Court the same as the House of Lords?

[@kieracooksey4592]

The Supreme Court came about in 2009, beforehand they were known as the House of Lords, and sat in the same building as Parliament. it was changed to ensure that the two entities were separated!

[@axl481]

@@kieracooksey4592 Thnxs ;)

[@serene6795]

thanks

[@paulgibbons2320]

Intrigued.

[@chubbyBunny94]

everyone's talking about law and I'm here just trying to get a flipping british passport.

[@Annikilou]

Please note this video is misnamed and misleading throughout. This is the English legal system. The Scottish court system is entirely different.

[@hokouhing]

I wonder the people's smears even spread to overseas as insults are committed any criminal matters in my life insulted and hurt matters! What people a nation it has what govt it is all are destroying matters for their own mistakes! The people they don't address their own problems own family problems but blamed theirs matters toward govt instead ! How ugliness of such benefits for own but harm to others for a whole! Nature and personality ! Those they have not had their good parents any advantage but stole as the thieves advantages cheaters, their fake roleplay for 64 like in respect of their lacks and grievances blamed for their govt instead of their poor families! Personality! Their excuses to overseas via 64 incidences are proven matters how such personality they are! Truth is always true! People into education previlleges should know how worst the people their minds without such advantages!

[@dekapwt5618]

😔

[@joshuaknight311]

State uk have state courts

[@pottywotty100]

It used to work till the interpretation of law got manipulated,much like science.

[@beeswarmmvp1806]

imagine eating fat potatos

[@clxshy9925]

couldnt be me

[@martakleps7243]

lmfao rofl

[@ngyuen1688]

Very good video. Great video. Thanks