Salford Law Salford Business School
Salford Law Salford Business School
Legal Systems and Legal Digital Skills
2023-2024
Court Visit Report
Student Number: Word Count: The word count for this assignment is up to 3,000 words which includes footnotes. It does NOT include the words used in the questions (916 words including the cover sheet) or the words used in the Table of Cases, Table of Statutes, Table of Statutory Instruments, and Bibliography.
Criminal Court Visit ReportInstructions
The recommended word count, including footnotes, for the completion of Part One and Part Two is up to 1,500 words each. Each question has been allocated a mark which indicates the level of detail required to answer the question.
Please note that to complete this part of the Court Visit Report you must attend a criminal law case which was heard in the Magistrates Court and the Crown Court. You must pick one case ONLY from each of these courts to observe and answer questions on.
Part One: Magistrates Court Visit Report (50 Marks)
Q 1. Name and address of the magistrates court visited. (2 Marks)
Tameside magistrates court
Henry square
Ashton-under-Lyne
OL6 7TP
Q 2. Date(s) visited (1 Mark)
5th December 2023
Q 3. Complete the sentence below about the case you observed in the magistrates court (2 Marks)
**Remember the OSCOLA Rule re how to cite a case. A footnote should be inserted at the end of the sentence below and the correct citation used in the footnote. Please note the case cited should then be cited in the Table of Cases at the end of the Court Visit Report.**
The case observed was instructed to me by the district judge to not mention in my work if I was to complete the court report. I was told to not mention names of the people involved thus I cannot mention the case name.
Q 4. Describe in detail the case you observed in the magistrates court and cited in Question Three. Your description of the case should include the following details: (a) the charge (your answer should be supported by reference to the common law and/or statute) pertaining to the criminal offence; (b) whether the offence was a summary offence, an either-way offence, or an indictable-only offence. Explain how you reached this answer; (c) a brief overview of the facts of the case presented; and (d) how did the Defendant(s) plead? (20 Marks)
The charge in this case was sending electronic communication to cause stress or anxiety. Another charge of causing harassment or aggravated public order offence. Another charge of criminal damage to vehicle window.
The defendant has alcohol issues and called the victim his wife to which she recognised his voice. The defendant sent constant texts calling names to the victim and he had unprotected sex with men and gave her HIV. Wrote the word cheater on the ice of the victims car. He spray painted cheater and his name joe on the car. Officers in attempt to apprehend the defendant were called paki bastard and black bastard. The victim is now afraid and fearful of the childrens safety. Victim not wanting to leave the property. Both police officers have lowered self-esteem due to the comments made from being racially abused due to skin colour.
The defendant plead guilty to the charges.
Q 5. Describe the magistrates or District Judge (For Example: lay (how many?), sex, approximate age, race, apparent social background, attitude towards the police and defendant(s). (5 Marks)
There was one judge in the magistrates court. Her appearance was of a female. Her age looked around 50 years old. Her race was white Caucasian. Her apparent social background is a white woman with an education. She speaks English and her nationality likely to be English.
Q 6. What is the role of the Justices Clerk in the magistrates court? Your answer should also include an example of their involvement from the case you have observed in the magistrates court? (5 Marks)
In the magistrates court there was a district judge present because normally there is 3 magistrates and a justices clerk sitting Infront of them to provide legal advice. However, as there was only one magistrate/judge present it indicates it was the district judge as they sit alone on cases. The role of the justices clerk is to identify the defendant to the court by asking for name, address and date of birth. They then ask if the defendant pleads guilty or not guilty to the offences that they have been arrested for.
Q 7. What was the outcome of the case observed? Give your views as to the relative strengths or weaknesses of the lawyers for the defence. (10 Marks)
The lawyer defended her client by stating it started as a result of the victim visiting his workplace and suggesting to go to a hotel which consequently resulted in his behaviour. The lawyer did attempt to make reasons for the defendant behaviour but already knew he was to be sentenced as before the court hearing she sat close to me and I overheard her say to a colleague its going to end up in a sentence.
Q 8. Describe the sentence imposed in the case you observed in Question Three. Did the magistrates or District Judge refer to any express sentencing policy? Your answer must be supported by reference to the appropriate sentencing guidelines. If you are not present for the sentence refer to the relevant sentencing guideline to describe what the sentence could have been. (5 Marks)
6 months sentence was given:
2 months consecutive for racially aggravated offence.
2 months consecutive for racially aggravated offence.
1 month consecutive for criminal damage.
1 month consecutive for criminal damage.
Must have a 12 month alcohol treatment. Must partake in program known as building better relationship. Restraining order to not contact with wife directly or indirectly in anyway whatsoever. If there is a breach of the restraining order he will be sent to custody. Prison sentence of 6 months.
Part Two: Crown Court Visit Report (50 Marks)
Q 1. Name and address of the Crown Court visited. (2 Marks)
Q 2. Date(s) visited (1 Mark)
Q 3. Complete the sentence below about the case you observed in the Crown Court (2 Marks)
**Remember the OSCOLA Rule re how to cite a case. A footnote should be inserted at the end of the sentence below and the correct citation used in the footnote. Please note the case cited should then be cited in the Table of Cases at the end of the Court Visit Report.**
The case observed was .
Q 4. Describe in detail the case you observed in the Crown Court and cited in Question Three. Your description of the case should include the following details: (a) the Charge (your answer should be supported by reference to the common law and/or statute pertaining to the criminal offence of the Defendant(s); (b) a brief overview of the facts of the case presented; and (c) how did the Defendant(s) plea. (10 Marks)
Q 5. Please give the Judges full name and proper mode of address from the case you observed in Question Three. Describe the judge (for example status, age, sex, race, apparent social background, attitude to the police, and defendant(s). (5 Marks)
Q 6. Describe the salient characteristics of the jurors (for example: age, race, sex, social background etc from the case you observed in Question Three. Please note your answer here can include the use of tables/graphs which are not included in the word count. (5 Marks)
Q 7. Who conducted the prosecutions from the case you observed in Question Four? (a) Please give the names of the barristers or solicitor advocates appearing for the Crown Prosecution Service; (b) Please give the names of the barristers or solicitor advocates appearing for the defence; and (c) Detail how you came to this conclusion? (10 Marks)
Q 8. What was the outcome of the case observed in Question Three? Describe the sentence imposed in the case you observed. Were the reasons for imposing the sentence given? Did the Judge refer to any express sentencing policy? Your answer must be supported by reference to the appropriate sentencing guidelines. If you were not present for the sentence refer to the relevant sentencing guideline to describe what the sentence could have been. (5 Marks)
Q 9. What marked difference (if any) did you note between the proceedings in the Crown Court and the Magistrates court? (10 Marks)
Table of Statutes
Table of Statutory Instruments
Table of Cases
Bibliography
Articles
Books
Newspapers
Websites
