Chapter 1 - Introduction Flashcards
Crown court compendium in relation to standard of proof in criminal trial
Prosecution bears the burden of proving the defendant is guilty
Summing up must contain an adequate directions as to the burger and standard of proof
Unwise to elaborate to jury on the standard of proof
Court must be satisfied that on the balance of probabilities one parties case is preferred to another’s
Criminal proceedings in the magistrates and crown court
Safe guards for person accused of a crime
- Presumed innocent until proven guilty.
- Burden of proof rests with prosecution.
- Person accused of a crime has the right to publicly funded legal advice.
- Persons being questions by the police has right now to answer questions and if charged and tried for an offence has the right not to give evidence at trial.
- Any evidence obtained in breach of rules whilst in custody may not be admissible.
- Defendant is entitled to see evidence against the prior to trial
- Must be a majority jury 10/12 juror
- A person convicted of criminal offence has more rights to appeal than prosecution
- Police and court must not infringe accused rights under ECHR
Articles of ECHR relevant to criminal law
Art 3- prohibition of torture and inhumane of degrading treatment
Art 5- right to Liberty and security of the person the right not to be arrested or detained by police without lawful authority
Art 6- right to fair trial
Art 8- the right to respect for private life, and family life
3 types of rights under ECHR
Absolute rights
Limited rights
Qualified rights
Effects of HR in ECHR
- ECHR is fully incorporated into English law
- Courts and tribunals to take ECHR into account
- Domestic legislation must comply with ECHR
- If legislation does not comply, superior courts can make declaration of incompatibility to amend the legislation
- HRA 1998 does not give courts power to disapply domestic legislation
- S6 HRA provides it is unlawful for a public authority to act in a way which is incompatible with ECHR rights
Overriding objective for CrPR criminal procedure rules
Part 1 CrPR
All criminal cases must be dealt with justly
Purpose of CrPR r3.3
Imposes a duty on all parties to actively assist the court in fulfilling its duty under r3.2
3 categories of offences
All start in magistrate then farmed out….
Summary only - trial magistrate
Either way - trial magistrate or crown
Indictable only offences - trial crown
Purpose of written charge / requisition
The accused is to appear before a magistrates court to answer to the written charge
Contents written statement and requisition must include
CrPR r7.3 charge must contain a statement of the offence and identify the legislation that creates it. Must be clear what prosecutor alleges against the defendant.
CrPr r7.4 charge must contain notice of where and when the defendant is required to attend
Prosecutor must ensure service of both written charge and requisition on an individual.
7 main steps for criminal procedure
1- Police investigation
2- arrest, questioning and charge
3- commencement of proceedings by charge, requisition or summons
4- court hearings (1 if guilty, 2 if not guilty)
5- conviction or acquittal
6- sentence if guilty
7- appeal if appropriate
3 examples summary offences
Most driving offences
Common assault
Assaulting a police officer
3 examples either way offences
Theft
Burglary
Dangerous driving
3 examples indictable offences
Murder
Rape
Robbery
