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Click Here To See The Structure Of The Special Courts
The Coroners Court
The office of Coroner dates from the twelth century, and since that time, every county has had
a Coroner, elected by the council of that county. Despite the fact that a Coroner is elected,
like a judge the only way he can be removed is at the explicit order of the Lord Chancellor.
The main duty of the Coroners Court is to investigate the circumstances of death surrounding
a body, in the case that the death
- Was violent
- Was unnatural
- Occured in prison
The Coroner will summon a jury of between 7 and 11 'good and lawful men [or women]', and
by calling witnesses, and presenting evidence he will lead the jury to make a verdict on
the death. Verdicts which may be made include death by natural causes, homicide, suicide,
negligence and misadventure (accident). In cases where there is not enough evidence, or where
the cause of death is not clear, the jury may return an open verdict,
which means that there were no findings as to the cause of death.
The Coroners Court also deals with the ownership of goods which are found concealed in his
county, and he may make three verdicts on the ownership of the goods:
The Goods Must Be returned
If the original owner of the goods can be located, and can show that the goods are his,
the Coroner will order that they be returned to him.
Finders Keepers
If the original owner of the goods cannot be found, and it appears that the goods were
lost or misplaced, then the finder may keep them.
Treasure Trove
If the original owner of the goods cannot be found, and it is apparent that the original
owner deliberately concealed them, but was then unable to retrieve them, then they will
be declared treasure trove and claimed by the crown (government).
In such cases, the finder of such treasure trove is usually awarded compensation to the value
of the goods.
As the Coroners Court conducts an inquest rather than a trial,
there can be no appeal against the verdict. However, if the conduct or reasoning of the Court
are questionable, then an application for certiori (see legal jargon
dictionary) may be made to the high Court. This will remove the inquest from the Coroners Court
to a higher Court.
Youth Courts
In general, anyone under the age of 18, who is accused of comitting any offence apart
from homicide will go to trial in a Youth Court, which is sometimes also called a Juvenille
Court. The Court is staffed by magistrates who have been appointed because of a special
interest or experience with children, and the trial is often less formal, a shortsighted
and stupid attempt not to 'intimidate' or 'frighten' delinquents.
A Youth Court does not convict people who are found guilty, instead it records a
finding of guilt. As such, the powers of sentencing of the court
are limited, and they can impose fines, probation or community service. They cannot, however,
send anyone to prison, but if they feel the crime is severe enough, they may commit the
accused to the Crown Court for sentencing, where the Judge can impose harsher punishments.
Courts Martial
The Courts Martial deal with offences which are commited by members of all three of the
armed services. This includes the general law, to which all citizens must adhere, as well
as military matters. However, serious breaches of general law, such as serous assaults and
homicides will be dealt with in the crown court.
In the Courts Martials, there is no jury, instead the accused soldier, sailor or airman
will appear before a panel composed of between 3 and 9 officers. A lawyer, called a Judge
Advocate will also sit on this panel. His function is like that of a Judge in the Crown Court -
he advises on points of law, and tells the panel which pieces of evidence should be considered,
and which shouldn't.
The decision of a Court Martial may be applealed against to the Courts Martial Appeal Court,
which is the equivalent of the Court of Appeal, but it is important to note that only the conviction
may be appealed against, not the sentence. Decisions from the Courts Martial Appeal Court may
also be appealed against by going to the House of Lords.
© Luke Culverwell 2001, All Rights Reserved |
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