CLP 3 and 4 - Criminal Justice Process Overview and CPR Flashcards
When can a person be arrested?
When police have reasonable grounds.
What governs police conduct during investigations?
PACE (Police and Criminal Evidence Act).
What happens after a police investigation?
The person is either released or charged by the CPS (which can also take over private prosecutions).
When can the police charge an individual directly?
- For summary only offences
- Shoplifting suitable for magistrates’ court
- Either-way offences with anticipated guilty plea & suitable for magistrates’ court sentencing.
Where is a summary only offence tried and sentenced?
In the Magistrates’ Court only.
What happens at the first hearing for an either-way offence?
Magistrates decide on appropriate venue (retain or decline jurisdiction). Defendant can opt for Crown Court trial if retained.
Where can either-way offences be tried and sentenced?
Either in Magistrates’ Court or Crown Court depending on jurisdiction and defendant’s choice.
Where are indictable only offences tried and sentenced?
Only in the Crown Court.
Can a plea be entered for an indictable only offence in Magistrates’ Court?
No. The first hearing is administrative only; plea entered at Crown Court.
Who can act as a judge in Magistrates’ Court?
District Judge (DJ), Deputy DJ, or 2–3 lay magistrates with a legal advisor.
What is the mode of address for Magistrates’ Court judges?
Sir/Madam.
Is there a jury in the Magistrates’ Court?
No.
What are the sentencing powers of Magistrates’ Court?
- Up to 6 months’ imprisonment (12 months for 2+ either-way offences)
- Unlimited fines
- Can commit for sentence to Crown Court
- Can order costs and ancillary orders.
Can the Magistrates’ Court hear appeals?
No criminal appeal jurisdiction.
Who presides in the Crown Court?
Circuit Judges (CJs), High Court Judges, or Recorders.
What is the mode of address in the Crown Court?
- ‘Your Honour’ (CJs and Recorders)
- ‘My Lord/Lady’ (High Court Judges).
Who are the tribunals in the Crown Court?
- Fact: Jury
- Law: Judge
What are the sentencing powers of the Crown Court?
Life imprisonment, unlimited fines, costs and ancillary orders, committals for sentence from Magistrates’ Court.
What appeals does the Crown Court hear?
Appeals from Magistrates’ and Youth Courts (judge + 2 lay magistrates).
What is the High Court’s role in criminal matters?
- States a case or judicially reviews decisions from Magistrates’ or Youth Courts
- Cannot review trial on indictment
- Can review ancillary decisions like bail refusal.
What types of cases does the Court of Appeal (Crim Div) hear?
Appeals from Crown Court (against sentence or conviction).
Do you need leave to appeal to the Court of Appeal?
Yes, except in contempt cases (automatic right).
Who sits in the Court of Appeal (Crim Div)?
Judges of the Court of Appeal, High Court, and authorised Crown Court Judges.
Can the Court of Appeal conduct trials?
No, but it may receive new evidence in exceptional cases.
What sentencing powers does the Court of Appeal have?
- Cannot pass new sentence, but can replace it with one no more severe
- Can uphold or dismiss appeals.
What does the Supreme Court hear in criminal law?
Appeals on points of law of general public importance.
How are Supreme Court Justices addressed?
My Lord/Lady.
What do the Criminal Procedure Rules (CrimPR) do?
Set out how criminal cases should be managed in court, ensuring cases run smoothly.
Which courts do the CrimPR apply to?
Magistrates’ Court, Crown Court, and Court of Appeal (Criminal Division).
What is the ‘overriding objective’?
Ensuring cases are handled fairly and justly.
What does ‘dealt with justly’ include?
- Acquitting innocent and convicting guilty
- Fair treatment of both sides
- Respecting Article 6 rights
- Considering interests of witnesses, victims, jurors
- Avoiding unnecessary delays
- Ensuring right information for bail/sentencing
- Considering seriousness, complexity, impact, and other cases.
Who must follow the CrimPR?
Prosecutors, defence, defendants, witnesses (including experts), probation, police, prisoner transport, and possibly jurors.
What are participants required to do under CrimPR?
- Prepare and conduct case according to rules
- Follow court rules and practice directions
- Report significant procedural failures
What does the CPR require the court to do?
Manage the case effectively.
What does the CPR require from the parties?
Help the court manage the case fairly and efficiently.
What happens if the defence challenges identification?
The witness must be called for questioning.
When is a written statement acceptable instead of live evidence?
For straightforward cases (e.g., burglary with no eyewitness).
What case management powers does CPR grant the court?
Issue directions and manage evidence/disclosure/timelines.
When must the prosecution serve notice of intent for bad character/hearsay?
Within 20 days of a not guilty plea.
When must the defence serve a defence statement?
Within 10 business days of initial disclosure.
When must the defence notify the need for live witnesses?
Within 5 business days of receiving witness statements.
When must challenges to bad character/hearsay be made?
Within 10 business days.
When must legal arguments be submitted?
At least 10 business days before trial.
When must both parties confirm trial readiness?
10 business days before trial.
What can courts do if parties fail to follow CrimPR?
Change/reschedule hearings, issue cost penalties, impose other sanctions.
What are further consequences of non-compliance?
Refusal of evidence, adverse inferences from late submissions.
