Chapter 1: The Criminal Justice System

Question 1

Who are criminal offences in England and Wales brought to court by?

Answer 1

The Crown Prosecution Service on behalf of the state (commonly referred to as ‘the Crown’ or ‘the prosecution’)

Question 2

What must the prosecution do to secure a conviction?

Answer 2

The prosecution must convince the court beyond reasonable doubt that the defendant has committed the offence charged.

Question 3

What are the categories of offences?

Answer 3

Summary only
Either way
Indictable only

Question 4

What are summary only offences?

Answer 4

The lease serious offences, such as assault or battery.

They can be tried in the Magistrates’ Court and carry low sentences

Question 5

What are indictable only offences?

Answer 5

The most serious offences, such as robbery and murder.

They can be tried only in the Crown Court + carry the heaviest sentences.

They are called indictable because the document containing the charges in the Crown Court is called an indictment.

Question 6

What are either way offences?

Answer 6

Can be tried in either the Magistrates’ Court or the Crown Court, depending on the seriousness of the offence + the defendant’s wishes.

They include offences such as theft and criminal damage.

Question 7

What are the criminal courts of first instance in England and Wales?

Answer 7

Magistrates’ Court + Crown Court

Question 8

Who presides over the Magistrates’ Court?

Answer 8

A District Judge, or
A panel of magistrates

Question 9

What is a District Judge?

Answer 9

A legally qualified judge (often a former solicitor or barrister with at least 7 years of experience in practice) who sits alone.

Question 10

Who are magistrates?

Answer 10

Laypersons.
Sit in panels of 2 or 3.

A legal advisor is present to advise the panel on matters of law + procedure.

Question 11

Who is the arbiter of issues of fact + law in the Magistrates’ Court?
What is the effect of this?

Answer 11

The District Judge or panel are the arbiters of issues of both fact and law.

Means that the panel will rule on the admissibility of evidence.

If they find evidence inadmissible, they then have to put it from their minds as the case proceeds.

Question 11

Who presides over the Crown Court?

Answer 11

Presided over by a Crown Court Judge.

Question 12

Who are the arbiters of fact + law in the Crown Court?

Answer 12

The Crown Court Judge - arbiter of all matters of law

Jury decides matters of fact

Question 13

What is a jury?

Answer 13

Collection of 12 randomly selected people who will decide whether the defendant is guilty or not.

Question 14

Which court has higher rates of acquittal?

Answer 14

Crown Court

Question 15

What offences does the Crown Court deal with?

Answer 15

1. Indictable only offences,
2. Either way offences, when the Magistrates’ Court has declined jurisdiction or when the defendant has elected CC trial,
3. Either way or summary offences which are related to another offences being heard by the Crown Court if it is punishable by imprisonment and/or disqualification from driving, and
4. Appeals against conviction + sentence from the Magistrates’ Court

Question 16

Where is the overriding objective of criminal law set out?

Answer 16

In the Criminal Procedure Rules

Question 17

What is the overriding objective of criminal law?

Answer 17

That criminal cases be dealt with justly, which includes (amongst others):
- acquitting the innocent and convicting the guilty,
- dealing with the prosecution and the defence fairly,
- recognising the rights of a defendant,
- respecting the interests of witnesses, victims, and jurors, and
- dealing with the case efficiently and expeditiously

Question 18

When may the Welsh language be used?

Answer 18

In any legal proceedings in Wales, the Welsh language may be spoken by any party, subject to satisfying requirements of prior notice so provision for interpretation can be made

Question 19

When is there no requirement of notice for using the Welsh language?

Answer 19

In the Magistrates’ Court

Question 20

What should the court do if a party decides to proceed in Welsh?

Answer 20

Court should endeavour to proceed without undue delay without disadvantage to any party.

In some circumstances, it may be necessary to adjourn proceedings to secure interpreters.