Criminal Justice process 1 Flashcards
What begins the criminal justice process?
A person being arrested and brought before the magistrates’ court or a written charge and requisition issued by the magistrates’ court.
What happens if a defendant pleads guilty?
The court moves to sentence.
What happens if a defendant pleads not guilty?
There is a trial and the court comes to a verdict.
What occurs if a defendant is found not guilty?
The defendant is acquitted of the charge and is free to go.
What can a person do after being sentenced following a guilty plea or verdict?
They may appeal.
What governs the conduct of the police during an investigation?
The Police and Criminal Evidence Act (PACE) 1984 and the PACE Codes of Practice.
What are the outcomes at the conclusion of a police investigation?
A person is either released from police custody or charged with an offence.
What is a ‘written charge and requisition’?
A process where a prosecuting body compels a person’s attendance before a court to enter a plea for an offence.
What body primarily brings prosecutions in the UK?
The Crown Prosecution Service (CPS).
Can private individuals bring prosecutions?
Yes, but the CPS can intervene and take over such cases.
What happens at a criminal trial?
The prosecution proves the defendant committed the alleged offence by adducing evidence.
What determines whether a trial occurs?
The defendant’s plea.
What types of sentences can a court impose based on the seniority of the court?
Varies depending on the seniority of the court.
What is required for appeals from the Crown Court to the Court of Appeal?
Leave and grounds of appeal.
What must an appeal to the Supreme Court raise?
A point of general public importance.
What options do defendants have to fund their defence?
Privately fund their defence or apply for public funding from the Legal Aid Agency.
What has happened to the availability of public funding in the last decade?
It has decreased sharply.
What are litigants in person?
Individuals who conduct legal proceedings on their own behalf.
What information is needed for an application for public funding?
Personal details, income, and expenses.
What is the two-stage test for public funding?
Interests of justice and considering the defendant’s means.
What factors comprise the ‘interests of justice’ according to Section 17 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012?
- Likelihood of losing liberty
- Ability to understand proceedings
What is the means test for public funding?
A defendant’s means must be below a prescribed amount.
Under what circumstances can defendants make an oral application directly to a judge or magistrates?
In cases of urgency such as contempt of court or breach of a court order.
What is the role of the prosecution during a trial?
To prove the defendant committed the alleged offence.
