Law essays

Law essays In an the crown court, the prosecution of someone accused of an indictable case is set out in the following manner: The prosecution begins by briefly outlining the facts of the case to the courtroom. The prosecution then calls witnesses to the court and produces evidence to support its case. At this point the defence is permitted to cross-examine and challenge the evidence. The defence then presents its own case, following the same procedures, were by the prosecution is able to challenge and cross-examine, defence witnesses and evidence. At the end of both sides cross-examination, both sides will sum up its case, which, is in turn followed by a judges summing up. At this point the jury is sent out to determine a unanimous verdict (although the judge may accept a majority verdict of at least 10 to 2). If the verdict is guilty, the defence makes a plea in mitigation, asking the judge to be lenient in sentencing. Following a non-guilty verdict the defendant can leave the court, acquitted. However, following the verdict and sentencing an appeal procedure may occur. If a defendant is found guilty they may wish to appeal to the Court of Appeal (C.A.) or the Divisional Court of the Queens Bench Division (Q.B.C.) if they have sufficient grounds on which to appeal and have approval of either the Crown Court or the appeal court they wish to refer the case to. Though, the defendant may only appeal to the Q.B.C. on a point of law only, whereas, in the C.A. they may appeal on the sentence and facts. Some examples of why the defendant may appeal could be on the grounds of: Police or prosecution malpractice occurred in the case. The trial judge has misdirected the jury on the case. Evidence could be misleading or unreliable. If the defendant does not get receive the expected result they may also finally appeal to the House ...