Essay The Criminal Courts Deal With Criminal Matters

1480 Words Oct 31st, 2016 6 Pages
Intro
Due to his own careless driving, Sam has driven into the back of a vehicle which was inhabited by a driver at the time. Sam is requiring information regarding the structures of both civil and criminal courts. Sam’s actions have ultimately resulted in the injuries of the other driver and damage to the vehicle. Police were called to the scene where an arrest of Sam was made and a charge of dangerous driving was positioned. The injured driver has the intent to sue Sam in negligence for the damages to the vehicle and the personal injuries gained from the incident.
Criminal
The Criminal courts deal with criminal matters. Summary, indictable and either-way offences all go through the criminal courts. If Sam’s case was to go through the criminal courts it would be categorised as an either-way offence. Either-way offences are considered to be more severe than a summary offence yet less so than an indictable offence. Once the type of offence has been decided, the court of first instance can then be determined.
Initially, in the criminal courts, a case will go to the Magistrates’ Court. The Magistrates’ Court mainly deals with criminal offences however it has limited civil jurisdiction. In the Magistrates’ Court there will be a bench of three Magistrates in addition to a Magistrates’ Clerk. The clerk is the only person that requires a legal background. The three magistrates that form the bench are considered to be lay people. The issuing of arrests and search warrants…

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