County Court

County Court

  • Submitted By: dylan123
  • Date Submitted: 09/06/2009 12:52 AM
  • Category: Business
  • Words: 370
  • Page: 2
  • Views: 334


A) Name of the court: County Court

B) How and when was it established?
County Courts Act 1852.

C) The reason for its creation and its major functions:
The courts major functions are to deal with both criminal and civil matters in its original jurisdiction. It also hears appeals from the Magistrates Court for both civil and criminal cases. In civil cases appeals are heard only if a specific act of parliament requires the appeal to be heard in the County Court. Criminal cases are heard on appeal in regards to sentencing, bonds and conditional discharge from the Magistrates Court. The appeal is a rehearing of the case and allows the judge to increase, decrease, keep or void the sentence previously made. The Office of Public Prosecution may also lodge an appeal if they believe a sentence is to lenient.

D) The composition of the court:
The court’s structure is similar to most courts, that it has; a Chief Judge, Judges, a Master and Registrar of the Court. A jury is empanelled for all criminal cases and only some civil cases, upon request and aggreance by both parties.

E) The position of the court in the hierarchy:
The County Court is an intermediate court which is situated between the Magistrates Court below it and the Supreme Court above it. It deals with both civil and criminal cases.

F) The procedures followed by the court:
The County Court goes through the adversary system of law. In this system, a case is argued by two opposing sides who have the primary responsibility for finding and presenting facts. The prosecutor tries to prove the defendant is guilty, and the defendant's attorney argues for the defendant's acquittal. The case is then decided by a judge (or a jury) who does not investigate the facts but acts as an umpire.

G) The problems faced by the court:
The court can face quite a few problems. Although it doesn’t have to deal with appeals it has to deal with quite a few cases especially civil ones that can bombard...

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