Wow. I know I’m 1 year late but that was extremely formative and direct. Thank you kindly Mr. 🙏🏻
@thefiestaguy88312 жыл бұрын
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.
@jdmldn2 жыл бұрын
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.
@thefiestaguy88312 жыл бұрын
@@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.
@harryj952 жыл бұрын
@@thefiestaguy8831 I agree with James, for any criminal case it is always 'beyond reasonable doubt'. 'Balance of probability' only applies to civil cases.
@gavinl48072 жыл бұрын
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 Жыл бұрын
@@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
@Lachi20612 жыл бұрын
Very helpful and easy to understand. I cannot find the other videos you mention though.
@mrtns34222 жыл бұрын
Me neither lol!
@shannonodocherty83003 жыл бұрын
very helpful with my alevel in law.
@Metallica9391 Жыл бұрын
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!
@karengallie97837 ай бұрын
Really useful video. Helps explain the court levels. I wish to apply to become a magistrate
@Malcolm_993 ай бұрын
Thanks for this easy to understand video!
@kimballentyne34829 ай бұрын
Interesting. Thank you for sharing this news.
@waimar5457 Жыл бұрын
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 Жыл бұрын
Marcin learned a lot thx
@mirshahid98712 жыл бұрын
Please share videos about law….thank you
@zacbrown733311 ай бұрын
Thanks Dave in going’s 🎉
@raveboxxofficial39582 жыл бұрын
Great video please make more 🙏🏼🙏🏼🙏🏼🙏🏼
@yusufgazi7 Жыл бұрын
Thanks
@yungjj24182 жыл бұрын
where are the rest of the videos man?
@iaincampbellking77602 жыл бұрын
This relates ONLY to England and Wales. Scotland has a different structure likewise Northern Ireland
@Bobblenob3 ай бұрын
Where does the coroners court fit in
@hannahgibbs1314 Жыл бұрын
When will you make your never video on the difference civil law and criminal ? Please
@glasgowmcglasgowfacevotegr70492 жыл бұрын
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 Жыл бұрын
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 Жыл бұрын
@@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).
@aasifahansari36653 жыл бұрын
Thanks a lot 👍
@clxshy99253 жыл бұрын
looking for someone in my class watching this
@beeswarmmvp18063 жыл бұрын
Did I ask
@clxshy99253 жыл бұрын
yeah u did
@Zak73 жыл бұрын
imagine being u
@Zak73 жыл бұрын
no wonder ur toxic
@clxshy99253 жыл бұрын
no u
@radoslavbuda38792 жыл бұрын
thanks much :)
@daleguerra53263 жыл бұрын
Keep up the good work..
@axl4812 жыл бұрын
For the criminal law, is the Supreme Court the same as the House of Lords?
@kieracooksey4592 Жыл бұрын
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 Жыл бұрын
@@kieracooksey4592 Thnxs ;)
@serene67953 жыл бұрын
thanks
@paulgibbons2320Ай бұрын
Intrigued.
@chubbyBunny942 жыл бұрын
everyone's talking about law and I'm here just trying to get a flipping british passport.
@Annikilou5 ай бұрын
Please note this video is misnamed and misleading throughout. This is the English legal system. The Scottish court system is entirely different.
@hokouhing Жыл бұрын
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!
@dekapwt56182 жыл бұрын
😔
@joshuaknight3112 жыл бұрын
State uk have state courts
@pottywotty1002 жыл бұрын
It used to work till the interpretation of law got manipulated,much like science.