Criminal Justice Process - Overview

Question 1

How is a person brought to court?

Answer 1

• Arrested and charged
• Written charge
• Requisition

Question 2

What happens when someone enters a plea?

Answer 2

• Plead guilty: Court moves to sentence
• If not guilty: Moves to Trial

Question 3

What are the 5 steps of the Criminal Justice process?

Answer 3

1) Arrest / Written Charge
2) Plea
3) Trial
4) Sentence
5) Appeal

Question 4

What is a written charge and requisition?

Answer 4

A person can be made to appear before court via written charge and requisition – where appropriate prosecuting body has power to compel a person’s attendance before a court

Question 5

When is a plea?

Answer 5

May be at first hearing, or subsequent hearing

Question 6

Who can appeal?

Answer 6

• D who pleads guilty can only appeal sentence
• D who pleads not guilty can appeal conviction and sentence

Question 7

What courts can hear Criminal cases?

Answer 7

1. Magistrates’ Court
2. Crown Court
3. Court of Appeal
4. Supreme Court – may only hear case where appeal raises a point of general public importance

Question 8

How does a D fund the process?

Answer 8

• Either private or through Legal Aid Agency
• Litigants in person – individuals who exercise their right to conduct legal proceedings on their own behalf, rather than instructing legal representative

Question 9

What is the two stage test for legal aid?

Answer 9

Means Test

Interests of Justice Test

Question 10

When is D able to make oral application directly to judge for legal aid?

Answer 10

1) An application can be made to lay magistrates where legal aid has been refused

2) An application to Crown Court judge where person is charged with contempt of court, where person is in breach of order and no time to instruct a solicitor or where a D is brought to court on warrant of arrest
o I.e. – in urgent matters