Commencing proceedings Flashcards
What are the 2 ways the criminal justice process can begin?
- A person being arrested and brought before the magistrates’ court
- The magistrates’ court may issue a written charge and requisition to secure attendance.
What happens if a defendant pleads guilty?
The court moves to sentence
What happens if the defendant pleads not guilty?
There is a trial and the court comes to a verdict:
- Guilty = sentencing
- Not guilty = acquitted
Can a person appeal after being sentenced?
Yes, a person who is sentenced may appeal
This applies whether the sentence follows a guilty plea or verdict.
Who generally makes the decision to charge in the criminal justice process?
The Crown Prosecution Service (CPS)
The Director of Public Prosecutions (DPP) may delegate powers to agents or appoint associate prosecutors.
What types of offences do police retain discretion to charge?
Summary offences including:
* Various road traffic offences
* Offences contrary to s.5 Public Order Act 1986
* Criminal damage under £5,000
* Low-value shoplifting
The decision is made by the custody officer.
When may a charge come after an arrest?
- At the end of the period of detention at the police station
- After a period of police bail when the suspect re-attends the police station
- After a period on poilce bail while the CPS decides an appropriate charge
When can pre-charge police bail be imposed?
It can be imposed when there is insufficient evidence to charge a suspect and they are released pending further investigation
If a suspect is released while the police are still investigating the matter, what is this known as?
They are released under investigation?
What is required for a written charge to commence proceedings?
It must:
* Charge a person with an offence
* Require attendance at a magistrates’ court
* Be served on the person charged and the magistrates’ court
What must a written charge contain?
It must contain:
* A statement of the offence describing it in ordinary language
* A reference to the statutory provision of the offence
* Sufficient particulars of the conduct complained of
This allows the accused to know what is alleged.
Who can bring a written charge?
A public prosecutor only
What must a requisition contain?
It must:
* Set out when and where the accused is required to attend court
* Specify each offence
* Identify the person under whose authority it was issued
What does laying an information involve?
The prosecutor serves an information alleging an offence on a magistrates’ court
The court will then issue a summons or an arrest warrant requiring attendance.
What must a summons contain?
It must:
* Set out when and where the accused is required to attend court
* Specify each offence
* Identify the issuing court
This is necessary for legal proceedings.
Is there a statute of limitation for bringing charges?
No, there is no statute of limitation
Who bears the burden of proof regarding the timing of a charge?
The prosecution
They must prove that the charge was brought in time.
