The Courts and Judiciary

In the early nineteenth century, court conditions and the treatment of both the victim and the accused was very different from today. Trials in court were often very quick. Prosecutors, judges and jurors had more power and choice than they do today.

The prosecutor was normally the victim of the crime, and he or she would accuse the defendant. The defendant was expected to explain away the evidence against them and, thus, prove their innocence.

What happened in the trial, depended on the court in which the case was being tried. Each different court had its own set ways of doing things.

Further pages Courts of Justice By the nineteenth century, there were three types of courts for criminal to be brought to justice: Magistrates' Courts ( Quarter Sessions and Petty Sessions), Assize Courts, and the Court of King's (or Queen's) Bench. Magistrates and Judges In the 19th, century the passing of sentences and the punishing of criminals was carried out either by the Justices of the Peace/ Magistrates for summary and less serious indictable offences or by High Court Circuit Judges, who presided over the more serious crimes, including capital offences. Conditions The conditions in the court room would depend on the building in which it was being housed. Up to the mid 19th century, many courtrooms were not purpose built for the function and often unsuitable. Court Procedures - Petty Court At the Petty Courts summary cases (no formal indictment) were dealt with quickly. The accused would have very little time to wait between arrest and trial. Drawing up the Charges - Quarter Sessions and Assizes Before a case was heard in the Quarter Sessions or Assizes, the Court Clerks drew up indictments according to set formulas, as well as 'recognizances' of those who had been bound over to appear. Court Procedures - Quarter Sessions In addition to its role in criminal justice, quarter sessions had a variety of other responsibilities. One was to act as a court of appeal over decisions taken by justices acting in petty sessions, particularly in relation to poor law matters. Court Procedures - Assizes The holding of the Assizes was a significant event in a town.

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