Criminal Justice System

Question 1

what are the categories of criminal offences

Answer 1

summary offence

triable either way

indictable offence

Question 2

describe a summary only offence

Answer 2

created by statute only
low level crime e.g., theft
seen by magistrates

Question 3

describe a triable either way offence

Answer 3

can be heard in either crown court or magistrates

depends on the level of seriousness and individual characteristics (Magistrates Courts Act 1980, sch 1)

examples: ABH, burglary

Question 4

describe an indictable offence

Answer 4

Serious offences - e.g. murder, robbery

Only heard in the Crown Court

Indictment is a formal document outlining offence and brief facts

Question 5

an indictable offence is created by what type of law

Answer 5

common law!

statutory offences are only indictable if in the Magistrates Courts Act 1980, sch 1, or if there is a specific statutory provision of penalty.

Question 6

summarise the criminal justice process

Answer 6

starts with police,
sent to CPS,
if enough evidence found - sent to trial,
D gets sentenced,
D can appeal.

Question 7

summary of police powers - stop and search

Answer 7

many different statutes to give police powers.

examples:
PACE 1984
- allows many things including Stop & Search in a public place and Obtaining intimate and non-intimate samples from detained persons

Misuse of Drugs Act 1971: power to stop and search for controlled drugs.

If found with illegal items - move onto next stage in process - detention

Question 8

Police Process in CJS

Answer 8

Stop and Search,
Detain,
Interview and questioning,
Charging,

Question 9

summary of police powers - detention

Answer 9

police can detain individuals for 24hours without a charge.
^ CJA 2003 allows for police extend this to 36 hours for serious offences.
^ 96 hours is possible for serious offences, if they get a warrant from magistrates

terrorists can be held for 14 days

suspects have the right to have someone informed – s 56 and Code C (PACE).

Question 10

summary of police powers - questioning

Answer 10

suspect has right to legal advise.
^ Duty solicitor Scheme.

suspect should be reminded of their rights. given a pamphlet on them.

non summary = tape recorded

confessions have to be voluntary -
(DS Steve Fulcher, guilty of gross misconduct for not reading the suspect his rights before he confessed to the murder of a young girl. although he argued it was because he knew he would not get him to crack again. maybe we are too focused on being fair)

juveniles and vunerable people can have an appropriate adult with them.

Question 11

summary of police powers - charging

Answer 11

CPS created to deal with charging - limits bias

CJA 2003 - decide to charge is up to CPS.

police have powers to charge without CPS for VERY minor offences

Question 12

how do the CPS decide to charge

Answer 12

two stage test:
The evidential stage
and public interest stage

evidential stage - sufficient evidence for a realistic conviction - Damiola Taylor (girl lying and case still goes to trial. wastes money, damages reputation of CPS). OBJECTIVE test.

Public Interest Stage - is it in the public interest to charge

Question 13

what is the evidential stage

Answer 13

CPS decision to charge.

is there enough evidence to realistically charge for conviction.

objective.

Question 14

what is the public interest stage

Answer 14

CPS decision to charge

is it within the publics interest to charge a suspect?

Question 15

composition of a crown court

Answer 15

HC judges, Circuit Judges, Recorders

Question 16

Jurisdiction of a crown court

Answer 16

hears trials of triable either way and indictment - where D decides for a jury trial.

hears appeals from magistrates court.

higher powers of sentencing than magistrates court.

appeal court and a court of first instance.

Question 17

composition of a magistrates court

Answer 17

Lay magistrates

Question 18

jurisdiction of a magistrates court

Answer 18

hears 90% of criminal cases

hears all summary offences defined by statute.

Question 19

magistrates sentencing powers

Answer 19

can give 6 months for 1 crime, 12 months for 2+. max 5000 fine on individuals.

businesses 20k fine max.

Question 20

trial - criminal procedure

Answer 20

D pleads G or NG before trial.

if plead G - straight to sentencing- bypasses need for jury. (this is what we saw in court! link!)

if plead NG - goes to a jury.

Question 21

pre-trial matters

Answer 21

CPS discloses relevant evidence/information to Defence team. e.g., witness statements, interview transcripts.

Criminal Procedure and Investigations Act 1996 - defence must give a defence statement.

**Duty to disclose material that ‘might reasonably be considered capable of undermining the case for the prosecution against the defendant or of assisting the case for the defendant’ (s3 CPI 1996) ** - DAMIOLA TAYLOR. WENT FORWARD EVEN THO IT WAS OBVIOUS GIORL WAS LYING

LIAM ALLAN - CPS held evidence which would have proved him innocent.

Question 22

burden of proof

Answer 22

prosecution has burden on proof to prove D’s guilt.

exception: on some defences such as if D is pleading insanity - burden of proof is on them (McNaghten)

Question 23

standard of proof

Answer 23

for criminal cases - beyond reasonable doubt.

Question 24

what are the sentencing guidelines

Answer 24

issued by sentencing council

step 1) determine offence category

step 2) use guideline to find sentencing starting point and categories sentencing range

step 3) consider any aggravating factors which would increase sentence / mitigating factors decreasing sentence. (think about Leannee Yip!

Question 25

explain appeals from a magistrates court

Answer 25

can appeal a magistrate sentence or conviction automatically - 15 day deadline from sentence.

magistrates can deny tho if the appeal is without merit.

will go to crown court. repeat of case. (CC can confirm, reverse, vary or remit MC)

21 days to appeal triable either way cases - on cases of acting out of jurisdiction or error of law.

Question 26

explain appeals from a crown court

Answer 26

no automatic right to appeal

appeals go to court of appeal.

28 deadline to apply for appeal.

can only appeal against conviction/sentence if it is deems appropriate for appeal

Question 27

explain what the Criminal Cases Review Commission is and who are they

Answer 27

Independent body set up under the Criminal Appeal Act 1995

responsible for investigation of suspected miscarriages of justice

Question 28

criterion for referral to criminal cases review commission.

Answer 28

An argument or evidence which has not been raised during the trial or at appeal (Julies law)

Exceptional circumstances

Question 29

criticisms of the CJS

Answer 29

Increasingly under-funded system = CLAIR report (2021) (criminal justice). means D’s who do not have the income may not have the same access to justice as others.

Diversity – legal profession issue in general e.g. criticism/perception of judges and magistrates. Middle class, elite private school background and male-dominated. how can D’s be promised fair trial if being judged by people who dont relate?

Political decisions (but also COVID) = as of June 2023, 64000 jury trials are waiting to be heard. shows inefficiency.