Criminal Justice System Flashcards
what are the categories of criminal offences
summary offence
triable either way
indictable offence
describe a summary only offence
created by statute only
low level crime e.g., theft
seen by magistrates
describe a triable either way offence
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
describe an indictable offence
Serious offences - e.g. murder, robbery
Only heard in the Crown Court
Indictment is a formal document outlining offence and brief facts
an indictable offence is created by what type of law
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.
summarise the criminal justice process
starts with police,
sent to CPS,
if enough evidence found - sent to trial,
D gets sentenced,
D can appeal.
summary of police powers - stop and search
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
Police Process in CJS
Stop and Search,
Detain,
Interview and questioning,
Charging,
summary of police powers - detention
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).
summary of police powers - questioning
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.
summary of police powers - charging
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
how do the CPS decide to charge
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
what is the evidential stage
CPS decision to charge.
is there enough evidence to realistically charge for conviction.
objective.
what is the public interest stage
CPS decision to charge
is it within the publics interest to charge a suspect?
composition of a crown court
HC judges, Circuit Judges, Recorders
Jurisdiction of a crown court
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.
composition of a magistrates court
Lay magistrates
jurisdiction of a magistrates court
hears 90% of criminal cases
hears all summary offences defined by statute.
magistrates sentencing powers
can give 6 months for 1 crime, 12 months for 2+. max 5000 fine on individuals.
businesses 20k fine max.
trial - criminal procedure
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.
pre-trial matters
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.
burden of proof
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)
standard of proof
for criminal cases - beyond reasonable doubt.
what are the sentencing guidelines
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!
explain appeals from a magistrates court
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.
explain appeals from a crown court
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
explain what the Criminal Cases Review Commission is and who are they
Independent body set up under the Criminal Appeal Act 1995
responsible for investigation of suspected miscarriages of justice
criterion for referral to criminal cases review commission.
An argument or evidence which has not been raised during the trial or at appeal (Julies law)
Exceptional circumstances
criticisms of the CJS
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.
