CRIMINAL JUSTICE SYSTEM In the trial process in England and Wales is adversarial. In the magistrates’ courts, magistrates determine guilt or innocence. In the Crown Court, a jury of twelve ordinary citizens will decide..The prosecution must prove its case beyond reasonable doubt. The prosecutor will make his case first by calling and examiningwitnesses. These are then cross-examined by the defence. The defence is not obliged to call evidence and the defendant is nota compellable witness. Any witnesses called by the defence may be cross-examined by the prosecution. The court also has thepower to call any witness, other than the defendant. Generally, evidence is oral and given under oath to the court by the witnessconcerned. However, documentary evidence is admissible in certain circumstances. Subject to exclusionary rules, all evidencewhich is sufficiently relevant to the facts or issue is admissible.After the prosecution and defence closing speeches in the Crown Court, the judge will give the jury directions on the law and asummary of the evidence. He will then invite the jury to retire and to reach a unanimous verdict. The jury can be asked to give amajority verdict (either 10-2 or 11-1) if they have considered the verdict for a reasonable time and cannot come to aunanimous decision. The jury can be discharged from giving a verdict if they are unable to reach a majority decision. In thesecircumstances, the prosecution has discretion to seek a re-trial. F1 MAGISTRATES COURTS PROCEEDINGSThe procedure in the magistrates’ court is primarily governed by the Magistrates’ Courts Act 1980. Commencement Proceedings are either commenced by arrest, charge and production to the court, either on bail or in custody, or by the layingof an information followed by the issue of a summons or a warrant. The information sets out details of the offence; where thedefendant is charged by the police the charge sheet forms the ...
