JUDICIAL SYSTEM IN ENGLAND AND WALES, AND NORTHERN IRELAND (FROM NEW POLICE SURGEON - A PRACTICAL GUIDE TO CLINICAL FORENSIC MEDICINE, 1978, BY H S BURGES AND J E HILTON - SEE NCJ-61742)

• NCJ Number: 61762
• Author(s): M E GLANVILL
• Date Published: 1978
• Length: 19 pages
• Corporate Author: Hutchinson Benham Ltd
• Publication Format: Document
• Language: English
• Country: United Kingdom

Annotation

THE ORGANIZATIONAL STRUCTURE OF THE JUDICIAL SYSTEM OF ENGLAND AND WALES AND NORTHERN IRELAND IS DESCRIBED FOR VIEWING THE POLICE SURGEON'S ROLE IN ITS PROPER CONTEXT.

Abstract

THE JUDICIAL FUNCTION IS TO DETERMINE LEGAL RIGHTS AND LIABILITIES BY REVIEWING DISPUTED ISSUES OF FACT OR LAW. TO DETERMINE THESE RIGHTS AND LIABILITIES, COURTS HAVE BEEN FRAMED AND ARE BROADLY DIVIDED INTO CIVIL AND CRIMINAL COURTS. CIVIL ACTION IS TAKEN IN ORDER TO RECOVER PROPERTY OR ENFORCE AN OBLIGATION; CRIMINAL PROCEEDINGS ARE TAKEN TO SUPPRESS CRIME AND PUNISH CRIMINALS AND ARE CONTROLLED BY THE STATE. SHARP DISTINCTIONS BETWEEN CIVIL AND CRIMINAL LAW ARE DIFFICULT TO DRAW SINCE THE REAL DIFFERENCE BETWEEN THE TWO RESTS ON THE FORM OF PROCEEDINGS AND NATURE OF THE COURTS CONCERNED, NOT IN ANY DIFFERENCE OF CONTENT OF THE TWO SYSTEMS. CRIMES ARE DIVIDED INTO THOSE THAT ARE INDICTABLE AND THOSE THAT ARE NONINDICTABLE. OFFENSES MAY BE DEALT WITH EITHER SUMMARILY OR ON INDICTMENT. POLICE SURGEONS ARE NOT INVOLVED IN CIVIL COURT PROCEEDINGS BUT OTHER MEDICAL PERSONNEL MAY BE SO INVOLVED. COURTS FOR CIVIL PROCEEDINGS INCLUDE THE HOUSE OF LORDS, QUEENS BENCH DIVISION, HIGH COURT OF APPEAL, FAMILY DIVISION, CHANCERY DIVISION, COUNTY COURT, AND MAGISTRATE'S COURT. CRIMINAL COURTS INCLUDE THE CROWN COURT, THE CENTRAL CRIMINAL COURT, AND THE CORONER'S COURT. THE CORONER IS AN OFFICER OF THE CROWN WHOSE CHIEF FUNCTION IS INQUIRING INTO UNEXPLAINED DEATH. A PERSON CAN APPLY FOR APPOINTMENT AS A CORONER IF HE IS A SOLICITOR, BARRISTER, OR MEDICAL PRACTITIONER OF 5 YEARS' STANDING. CORONER'S COURTS DESERVE RESPECT BECAUSE THEY ARE COURTS OF FIRST INSTANCE IN ENGLAND FOR INQUIRING INTO AND DETERMINING THE CAUSE OF DEATH IN CASES OF SUSPECTED VIOLENCE. DEATHS UNDER SPECIFIED CIRCUMSTANCES SHOULD BE REPORTED TO THE CORONER. A CORONER MAY HOLD AN INQUEST WITHOUT A JURY OR EVEN IN THE COURSE OF AN INQUEST BEGUN WITHOUT A JURY. THE JUDICIAL SYSTEM DETERMINES THE APPROPRIATE PUNISHMENT FOR CRIMES; THE OBJECTS OF PUNISHMENT ARE RETRIBUTION, DETERRENCE, AND REFORMATION AND INCLUDE SUCH FORMS AS IMPRISONMENT, BORSTAL TRAINING AND DETENTION, COMPULSORY SUPERVISION, PROBATION, FINES, CONDITIONAL DISCHARGE, COMMUNITY SERVICE, AND THE DEATH PENALTY. SEVERAL TYPES OF PENAL INSTITUTIONS EXIST IN ENGLAND, WALES, AND NORTHERN IRELAND. A BRIEF LIST OF SUGGESTED READING IS PROVIDED IN THE CHAPTER. (LWM)