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I need information on Victims, Witnesses and Courts
Dated: 20 Feb 2009
Guide to the Criminal Justice system
Courts
There are three kinds of Criminal Courts:
- Magistrates’ Court
- Youth Court
- Crown Court
Magistrates’ Courts
All criminal cases start in the Magistrates’ Courts and 95% cases are completed here. They are heard by a panel of two or three lay Magistrates, also known as JPs (Justices of the Peace), who are independent of the Police and the Crown Prosecution Service. Many are volunteers from the community. A District Judge can also sit at a Magistrates’ Court and hear a case.
Offences dealt with at Magistrates’ Courts are those which carry a maximum penalty of six months in prison or a fine of up to £5,000. They include motoring offences and crimes such as relatively minor assaults.
There are some offences, such as theft or handling stolen goods, which can be heard at either a Magistrates’ Court or a Crown Court.
Whilst serious offences like Murder, Manslaughter, Rape and Robbery must be heard at Crown Court, the Defendants will appear before Magistrates’ initially when decisions such as bail are made.
There are ten Magistrates’ Courts in the Northumbria area:
- Houghton le Spring
- Sunderland
- South Tyneside
- Gateshead
- North Tyneside
- Newcastle
- Hexham
- Bedlington
- Alnwick
- Berwick
Youth Court
A Youth Court is a Magistrates’ Court established to deal with criminal proceedings against young people. They have specially trained Magistrates and cases are heard in private.
Crown Court
Crown Courts deal with serious criminal cases like Murder, Rape, Robbery, Fraud and serious Assaults. The cases are heard before a Judge and Jury, which consists of 12 people selected at random from the electoral register.
Wtinesses will be called to give evidence in front of the Judge and Jury but, before this stage is reached, there may be a preliminary hearing without a Jury or Witnesses so that legal issues can be settled.
The Crown Court also hears Appeals against decisions made at the Magistrates’ Courts.
Northumbria’s Crown Court is on the Quayside, Newcastle upon Tyne, where most of the region’s serious cases are heard. There is also a Crown Court in Durham and, sometimes, cases from Northumbria are heard there or at other Crown Courts outside of the region.
An interactive tour of Newcastle Crown Court, photographs and definition of roles is available in the ‘juror’ section of CJS online, which can also be accessed using the link on this page.
Sentencing
Magistrates and Judges will impose sentences after they have considered all of the facts of the offence and the circumstances of the offender.
Four levels of sentencing are available in the courts, depending on the seriousness of the offence:
- Discharge
- Fine
- Community Sentence
- Imprisonment
Victims at court
The CJS Agencies have obligations to ensure that victims of crime receive a minimum standard of service. This is to ensure that victims are at the heart of the service and their needs are taken into account at all stages.
Advice and help is available from many agencies and not just those within the CJS. A number of national and local voluntary agencies help people who have been victims of crime.
The largest of these is Victim Support, an independent charity which helps people cope with the effects of crime and provides free confidential support and information for victims, irrespective of whether or not a crime has been reported.
Victim Support is informed of all cases of burglary, theft, criminal damage, arson, assault (other than assault in the home) and racial harassment by the Victim Bureau, a team within Northumbria Police.
If you do not want Victim Support to be informed, you should tell the Police Officer dealing with your case. For further information about the local victim support branches and advice on coping with the effects of crime, use the Victim Support link at the foot of this page.
Since April 2006, the Victim’s Code of Practice came into force. CJS Online has information about the Code and attending court as a victim. You will also find guidance for vulnerable or intimidated victims, including children, on the website. You can access this website via the link on this page.
Northumbria Police has launched a Victim Bureau, who will keep victims up to date with the progress of their case from the incident to the choice of disposal, whether this is to Charge, Caution or carry out No Further Action etc. They will also provide advice regarding Victim Support and other agencies.
You can find a Victim Virtual Walkthrough at this link:
Witnesses at court
Northumbria Police have a Witness Care Unit, who will provide you with a copy of a leaflet called ‘Witness in Court’ if you are asked to appear in court as a witness. This leaflet will tell you what to expect, where to get advice and support and what happens before, during and after a court hearing.
You can be called as a witness to give evidence in court if you are the victim of a crime, you saw a crime being committed or can provide information to support the case.
Every court in Northumbria has a Witness Support Service. This service is run by Victim Support and helps witnesses, victims and their families before, during and after their court hearing.
They provide free and confidential support as well as practical information about attending court. For local contact details and more information, visit the Victim Support website, which can be accessed using the link on this page.
Your Witness Care Unit will provide you with details of the Witness Support Service and arrange pre-trial visits with them as well as keep you informed of the progress of the case whilst at court and of the final outcome. They can assist with any queries or requirements you may have regarding attendance at court.
You can find a Witness Virtual Walkthrough at this link:
