4. Criminal Courts and Criminal Processes

Question 1

What is the CPS and it’s role?

Answer 1

• In charge of bringing cases to court that the police have investigated.
• Advise police, decide which cases should be prosecuted and the appropriate charges.
• Present the case in court.
• Support victims.

Question 2

Which 3 cases do magistrates deal with? And where do the trials take place?

Answer 2

1. Summary Offences - Magistrates, least serious (driving offences, common assault).
2. Either-way Offences - Magistrates/Crown, middle range crimes (theft, assault causing bodily harm).
3. Indictable Offences - Crown, most serious (murder, manslaughter, rape, robbery).

Question 3

Facts about summary offences

Answer 3

• Fines range from £200 - £5000.
• No limit for breaches of environmental or health + safety regulations.
• Maximum prison sentence = 6 months

Question 4

Where do all criminal cases begin?

Answer 4

Magistrates Court.

Question 5

How is a case prepared?

Answer 5

1. Once defendant is charged, team is assigned to case.
2. Encouraged to make victims personal statement.
3. Be informed of time, date, location, and outcome of the hearing.

Question 6

What can a victim expect when giving evidence?

Answer 6

• Support from Witness Care Unit.
• Have a court familiarisation visit.
• Use different entrances/exits than defendant.
• Meet/discuss case with CPS prosecutor.

Question 7

What happens at triable either-way offences?

Answer 7

Once defendant has entered plea, magistrates decide:

1. if they can impose sentence. If they believe sentence should be higher, sent to Crown Court for sentencing.
2. if they think their court is suitable for the nature of the offence, if not = referred to Crown Court

Question 8

Who presents a case in Magistrates Court?

Answer 8

CPS lawyer
OR
Lay people

Question 9

Who presents a case in Crown Court?

Answer 9

Crown Prosecutor with an advocacy qualification
OR
Independent barrister/solicitor

Question 10

Criticisms of the CPS

Answer 10

• Sentencing is too lenient.
• Lack of efficiency
• Too many discontinued cases due to lack of evidence.

Question 11

What is bail?

Answer 11

Releasing a person from police custody.

Question 12

When can bail be denied?

Answer 12

• May not turn up to court
• May commit another offence
• May interfere with witness
• Nature/seriousness of offence
• Character and past record
• Previous behaviour under bail restrictions
• Strength of evidence against the accused