1) Criminal Justice System

Question 1

Intro

What kind of system is the criminal justice system and what is its aim

Answer 1

• Adversarial system
• In place to maintain law and protect society

Question 2

What are the 3 types of offences and where are they tried

Answer 2

Summary - Low level crimes, such as parking offences these are tried in the magistrates court
Indictable - Highest level crimes, such as murder and rape, these are tried in the crown court
Triable either way - These crimes are tried in either the crown or mags depending on level of seriousness, e.g threat

Question 3

What are the first steps within the criminal justice system from arrest

Answer 3

• Once suspect is arrested, CPS (crown prosecution service) will desired whether to charge based on evidence presented
• If CPS do charge, the defendant will proceed to an Early Administrative Hearing, where it will be decided which courts the case will be tried in, and any necessary legal aid is provided, after the EAH they are either placed on court bail or will await trail in custody

Question 4

After the Early admin hearing where do summary offences go

Answer 4

Summary offences will go straight to the Magistrates court, which decide whether the defendant is guilty or not
- tried by 3 mags
- can impose a 6 month imprisonment sentence (1year for 2 crimes), max £5,000 fine
however according to LASPO2012 can impose an unlimited fine in certain circumstances
- before sentencing will look at pre-sentence report to establish the correct sentence is given in the circumstances

Question 5

What does LASPO 2012 stand for

Answer 5

Legal Aid, Sentencing and Punishment of offenders Act 2012

Question 6

After the early admin hearing where do indictable offences go & their jurisdiction

Answer 6

All indictable offences will get transferred to the crown court as these are such offences which are beyond the jurisdiction of mags
- Only 3% of cases are tried in the crown court
- Presented infront of a judge and jury whom have the ability to impose an unlimited fine, and up to life imprisonment

Question 7

What is the process in a crown court for an indictable offence

Answer 7

Defendant will stand infront of a judge and jury, where they will be represented by either a barrister or a solicitor
- Prosecution begins by presenting their evidence first, which after the defence can cross-examine any witness and prosecution if they wish to do so can re-examine a witness again
- After, which the defence will present evidence to rebut the case, where prosecution will do the same to the defence
- Prosecution followed by the defence will both provide their closing statements
- After which the judge will explain the law to the jury, whom will retire to the jury room to make a decision, giving a verdict

Question 8

After the early admin hearing where do triable either way offences go

Answer 8

Firstly, a Plea before venue hearing will take place, this is where the defendant wither plea guilty or not guilty
- Where they plea guilty, they will then face sentencing in the magistrates court however, they can be referred up to the crown court if mags believe their jurisdiction is not enough
- Where the defended pleads not guilty, they attend a Mode of Trial hearing which decides which court the case will be tried in
- Where tried in the mags court will take on the same approach as summary offences and where tried in the crown court will take on the same process as an indictable offence (Jury&Judge)