Why do murder trials end up at the Old Bailey?
David Hearn
(http://www.getsurrey.co.uk/news/s/2061585_homeless_man_in_court_accused_of_river_wey_murder)
it came to mind again. Why do murder trials not get dealt with at local
Crown Courts? Guildford has it's own Crown Court, yet it seems that
this case will be going to the Old Bailey.
The CJS website says the Crown Court deals with "Indictable-only
offences such as murder, manslaughter, rape and robbery" - yet, and I
admit that I haven't looked very closely into it, murders seem to end up
at the Old Bailey.
Wikipedia - if you trust it - says that the Old Bailey deals with major
criminal cases from Greater London and, in exceptional cases, from other
parts of Britain. Guildford is not in Greater London, so is murder
automatically classed as an exception case, or is there something
particular about this case which would make it exceptional?
Thanks
D
Periander
news:7n9kmhF...@mid.individual.net:
> The question has been in my mind for a while, but following this story
> (http://www.getsurrey.co.uk/news/s/2061585
_homeless_man_in_court_accuse
> d_of_river_wey_murder) it came to mind again. Why do murder trials
> not get dealt with at local Crown Courts? ...
Well all Crown Courts are actually just the one court, sounds a bit
silly but (taking your example) technically there isn't a "Guilford"
Crown Court, there are court buildingss at Guilford where the Crown
Court sits. Now as there's only the one crown court which has
juristiction throughout england and Wales it follows that the central
criminal court - the Old Bailey can accept any cases sent to it.
And the bottom line is that as the CCC is the "senior" location it can
pick and choose what cases it'll take. The word is that the judges there
don't like dealing with rapes, child sex offences and consider most
other offences a little beneith them so the murders tend to get creamed
of to be heard at the CCC.
There is also the quite genuine factors of the judges training and
experience to factor in. For many serious offences the judge has to be
"ticketed" to hear that kind of case so the availability of a suitable
judge at a particular location becomes an issue.
Last but not least though ... in point of fact murders are heard outside
of the CCC on a regular basis.
--
Regards,
Periander
Big Les Wade
FWIW, Kingston Crown Court in London deals with some extremely serious
cases, including murder and terrorism.
--
Les
If by creating a police state we can save just one child, then it will all have
been worthwhile.
Adrian
were saying:
>>Wikipedia - if you trust it - says that the Old Bailey deals with major
>>criminal cases from Greater London and, in exceptional cases, from other
>>parts of Britain. Guildford is not in Greater London, so is murder
>>automatically classed as an exception case, or is there something
>>particular about this case which would make it exceptional?
> FWIW, Kingston Crown Court in London deals with some extremely serious
> cases, including murder and terrorism.
As does Woolwich - whether the proximity of that court to Belmarsh is
chicken or egg, though, is another question.
Chris R
Adrian opined:
I believe prominent cases are often heard outside the local area of the
crime to avoid prejudice by a jury selected from that area.
C.
Nigel
it's all to do with finding the appropriate level of judge to deal
with the case.
Cases that make the Crown Court are divided into 3 classes (Lord Chief
Justices practice driection 26 May 2005)
Class 1 consists of:-
1. Misprision of treason and treason felony;
2. Murder;
3. Genocide;
4. Torture, hostage-taking and offences under the War Crimes Act 1991;
5. An offence under the Official Secrets Acts;
6. Manslaughter;
7. Infanticide;
8. Child destruction;
9. Abortion (section 58 of the Offences against the Person Act 1861);
10. Sedition;
11. An offence under section 1 of the Geneva Conventions Act 1957;
12. Mutiny;
13. Piracy;
14. Soliciting, incitement, attempt or conspiracy to commit any of the
above offences.
Class 2 of:-
1. Rape;
2. Sexual intercourse with a girl under 13;
3. Incest with girl under 13;
4. Assault by penetration;
5. Causing a person to engage in sexual activity, where penetration is
involved;
6. Rape of a child under 13;
7. Assault of a child under 13 by penetration;
8. Causing or inciting a child under 13 to engage in sexual activity,
where penetration is involved;
9. Sexual activity with a person with a mental disorder, where
penetration is involved;
10. Inducement to procure sexual activity with a mentally disordered
person where penetration is involved;
11. Paying for sexual services of a child where child is under 13 and
penetration is involved;
12. Committing an offence with intent to commit a sexual offence,
where the offence is kidnapping or false imprisonment;
13. Soliciting, incitement, attempt or conspiracy to commit any of the
above offences.
Class 3 consists of all cases that aren't in classes 1 or 2
Locations where the Crown Court sits are separated into 3 tiers
1st Tier, where High Court Judges regularly sit and the court deals
with both criminal and civil work
2nd Tier, where High Court Judges regularly sit but the court only
deals with criminal work
3rd Tier, other locations
(There is a map on p8 at
http://www.hmcourts-service.gov.uk/cms/files/Framework_Document_Fina_Version_01-04-08.pdf)
Cases in Class 1 may only be tried by:
� a High Court judge, or
� a Circuit judge or Deputy High Court judge or Deputy Circuit judge
provided (a) that, in all cases save attempted murder, such judge is
authorised by the Lord Chief Justice to try murder cases, or in the
case of attempted murder, to try murder or attempted murder, and (b)
the presiding judge has released the case for trial by such a judge.
Cases in Class 2 may be tried by:
� a High Court judge
� a Circuit judge or Deputy High Court judge or Deputy Circuit judge
or a Recorder, provided (a) that in all cases such judge is authorised
to try class 2 by the Lord Chief Justice and (b) the case has been
assigned to the judge by or under the direction of either the
presiding judge or resident judge in accordance with guidance given by
the presiding judges.
Cases in Class 3 may be tried by:
� a High Court judge, or
� in accordance with guidance given by the presiding judges, a Circuit
judge, a Deputy Circuit judge or, a Recorder.
So when a case goes frim mags court to crown court and is a class 1
case it has to go to crown court location that is either 1st tier or
2nd tier. Guildford is a 3rd tier location, the nearest 1st or 2nd
tier locations are either the Old Bailey or Lewes. As this offence
was closer to London I should imagine that's the reason why the case
has ended up at the Old Bailey.
Incidentally there are no 1st tier locations in London. The Old
Bailey is a 2nd tier centre as it doesn't deal with any civil work
(The RCJ does all this) and all other locations are 3rd tier. As has
been pointed out elsewhere in this thread muder cases are heard
elsewhere in London but this is because special arrangements are made.
Nigel
replace SPAMHATER with n and t*sc*li with totalise