Criminal Courts And Pre Trial Procedures Flashcards
1
Q
What is criminal law?
A
- set down by the state
- breaking the law can result in a penalty being imposed by the defendant in the name of the state
- the police and criminal evidence act 1984 (PACE) established the powers of the police to combat crime
- since 1984, the majority of criminal prosecutions have been conducted by the crown prosecution services (CPS) before that it was police
- PACE sets out to strike the right balance between the powers of the police and the rights of freedom to the public - maintaining that balance is a central element of PACE
2
Q
What does PACE cover
A
- stop and search
- arrest
- detention
- investigation
- identification
- interviewing deadlines
3
Q
Classification of offences
A
For trial purposes criminal offences are divides into three categories. These are:
1. Summary offences
2. Triable either way offences
3. Indictable offences
4
Q
What are summary offences?
A
- summary offences are the least serious offences.
- they are always tried in the magistrates court.
- they include nearly all driving offences. They also include common assault, criminal damage which has caused less then £5,000 damage and shoplifting where the value of the goods is less than £200
5
Q
What are triable either way offences
A
- these are middle range crimes, these cases can be tired in either the magistrates court or the crown court. As they include a wide range of offences such as theft and assault causing actual bodily harm.
- in order decided whether a triable either way offence will be tried in the magistrates courts or the crown court, the defendant is first asked whether he is pleading guilty or not. If the defendant is pleading not guilty the case is heard by the magistrates. Where the plea is not guilty the defendant has then has the right to ask for the case to be tried at the crown court by a jury
- the magistrates can also decided that the case is too serious for them and make the decision to send the case to the crown court
6
Q
What are indictable offences?
A
- these are the most serious crimes and include murder, manslaughter and raps. The first preliminary hearing for such an offence will be at the magistrates court, but then the case is transferred to the crown court. All indictable offences much be tried at the crown court by a judge and jury
7
Q
Pre trial procedure in criminal cases
A
- the criminal law i set down by the state. A breach of the criminal law can lead to a penalty such as imprisonment or a fine being imposed on the defendant in the name of the state. Therefore, brining a prosecution for a criminal offence is usually seen as part of the role of the state.
- indeed, the majority of criminal prosecutions are conducted by the crown prosecution service which is the state agency for criminal prosecutions
- the first hearing of all criminal cases is at the magistrates court
8
Q
Pre trial procedures for summary offences
A
- under the better case management scheme now operating in the magistrates court, the aim is to complete the case at the earliest possible hearing. So where the defendant pleads guilty and is either already legally represented or does not want legal representation, the magistrates will go ahead with the case, wherever possible, decide on the sentence there and then.
- many driving offences can be dealt with as a first hearing through a procedure under which the defendant can plead guilty by post, so that attendance at court is not necessary
- if the defendant is pleading not guilty, the magistrates must at this first hearing try to discover the issues involved in the case, so that it can proceed as quickly and efficiently as possible
9
Q
Pre trial procedure for triable - either way offences
A
- since triable either way offences can be tried at either the magistrates court or the crown court, the per trial procedure has first top decided where the case will be tried. There has to be a plea before a venue hearing
10
Q
What is a plea before venue?
A
- under this procedure, the defendant is first asked whether he pleads guilty or not guilty. If the plea is guilty then the defendant has no right to ask for the case to be heard at the crown court. However, the magistrates mat decide to send the defendant to the crown court for sentence
11
Q
Mode of trial
A
- if the defendant pleads not guilty then the magistrates must carry out ‘mode of trial’ proceedings to decide whether the case will be tried in the magistrates court or the crown court
- the magistrates first decide if they think the case is suitable for trial in the magistrates court act 1980, they must consider the nature and seriousness of the case, their own powers of punishment and any representations of the prosecution and defence
- cases involving complex questions of fact or law should be sent to the crown court. Other relevant factors which may make a case more suitable for trial at the crown court include:
- where there was a breach of trust by the defendant
- where the crime was committed by an organised gang
12
Q
Defendants election
A
- if the magistrates are prepared to accept jurisdiction, the defendant is then told he has the right to choose trial by jury, but may be tried by the magistrates if he agrees to this course. However, he is also warned that if the case is tried by the magistrates if he agrees to those course. However, he is also warned that if the case if the case is tried by magistrates and at the end of the case found guilty, the magistrates can send him to the crown for sentence if they feel their powers of punishment are insufficient
- once the magistrates have decided to send the case to the crown court or the crown court or the decedent elects trial there, the case will be sent to the crown court and all other pre trial dealt with there
13
Q
Evaluation of trial court choices
A
- a main point for discussion is whether defendants should be allowed to choose the court in which they will be tried. This involves the right to trial by jury. The only offences for which there is choice of who should try the case are triable either way offences
- remember that cases where the defendant pleads both guilty to a summary offence can never be tried by a jury. These are always tried by magistrates. Also remember that cases where the defendant pleads not guilty to an indictable offence are always tried by jury.
- in triable either way cases, most defendants choose to be tried by magistrates in the magistrates courts. However, there are some reason why defendants may prefer to be tried by a jury in the crown court
14
Q
Advantages of trial in the crown court
A
- defendants are more likely to acquitted (found not guilty) at the crown court than in the magistrates court. Only about 15% of defendants who plead not guilty in the magistrates courts are found not guilty. At the crown court, overly 60% of defendants are acquitted
- an interesting point on the number of acquittals in the crown court is that most are as a result of the judge discharging the cases or directing that the defendant can be found not guilty. This will happen where the prosecution drops the case or witnesses fail to attended court, so there is no evidence against the defendant
- however, juries do acquit in more cases than magistrates. They acquit in about 35% of cases, compared with the 15% acquittal rate in the magistrates courts
- research conducted into the reasons why defendants choose trial at the crown court is that the defendant is more likely to receive legal aid. This means that the state will pay for their legal representation
- the legal representation at the crown court much have a certificate of advocacy giving the right to present cases at the crown court. This is likely to mean that the lawyer is more experiences at presenting cases in court
15
Q
Disadvantages of trial in the crown court
A
- there is usually a longer wait before the case is dealt with at the coren court than for cases in the magistrates court. If the defendant is not given bail, this waiting period is spent in prison
- the stress of a trial in the crown court is much greater and the trial is likely to last considerably longer than a trial in the magistrates court. Cases in rage crown court usually take serval days whereas cases in the magistrates courts are rarely more than half a day
- cases in the crown court are rarely more likely to be reported in the media than cases in the magistrates courts
- the costs of the case are much greater than those in the magistrates court. If the defendant has to pay for his own lawyers, this will be expensive. In addition, if the defendant is ordered to pay part of the prosecution court, this will be a greater amount than in the magistrates court
- another disadvantages is that, for defendants who are found guilty, the judge at the crown court has the power to give a greater sentence than the magistrates
