RE: UBER Case Movement30 Nov 2020 01:10
doggy,
Thanks for the clarification on the terminology in the U.S.,
In the U.K. we have a filtering system for cases of alleged criminal wrong-doing.
Normally the police will present a case to the crown prosecution service, (CPS)
who will then decide how to proceed. i.e. whether it should be presented before
a jury, judge or magistrate.
Individuals charged with minor offences are tried by magistrates.
Magistrates are volunteer judges who are not legally trained and can be any
member of the public from 18yrs of age to 65.
Sometimes, the magistrates decide to send the case to Crown Court for jury trial.
In other cases, the defendant can choose to be tried by jury in the Crown Court.
Indictable offences where the defendant pleads not guilty (ie, serious offences) are
always tried by jury in the Crown Court (except in very rare occasions).
The potential benefit to the accused opting for jury trial is that it is considered less
likely that they will be convicted by a jury than in the Magistrates’ Court.
A bench trial is a trial by judge, as opposed to a trial by jury.
The judge is always an official with a law degree who can make decisions based on legal
matters, manages the proceedings of the court and considers several facts and details that
are 'allowed' and makes decisions.
In England and Wales the vast majority of civil trials proceed without a jury and are
heard by a judge sitting alone, commonly known as a district judge or, for more
serious matters or appeals, a circuit judge.
Most civil trials in Scotland are conducted in the Sheriff Court by a Sheriff sitting alone.
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