Criminal Justice System

Question 1

Types Of Offence

Answer 1

Indictable:

• Murder, Rape, GBH
• Goes to Crown- Life Imprisonment or Unlimited Fine.

Summary Offence:

• Common Assault, Battery, Littering
• Magistrates- £5000 Fine, Max 1yr Prison; 6 Months Per Offence.

Either Way:

• Theft, Criminal Damage
• Crown or Magistrates- 6 Months to Life Prison Sentence, Fines.

Question 2

Prosecuting An Offender

Step 1

Answer 2

The Decision To Prosecute

Police must investigate bodies and collect evidence against D. The CPS will decide whether to prosecute and what to charge the D with.

Either the police or a government agency, e.g. RSPCA, can charge the D with an offence. Suspects will be summoned to court or they will be held in custody until their court date.

Question 3

Prosecuting

Step 2

Answer 3

The Venue

The first appearance for any person charged with any type of offence will always go to Magistrates first. The Magistrates will either be the venue dealing with that particular crime or they will handle the admin and Pre-Trial hearings.

If it’s a Summary Offence, then the case could be sorted in the Pre-Trial; especially if the D pleads guilty.

Cases can be transferred or committed to the Crown from Magistrates.

Transferred: Magistrate’s don’t have jurisdiction so they send the case to Crown.

Committed: Magistrate’s choose to send the case to Crown, possibly for higher sentences (Either-Way Offences).

Once the Venue is decided then a court date will be set.

Question 4

Prosecuting

Step 3

Answer 4

The Trial

There will only be a trial in the Crown court if the D pleads not-guilty.

In Magistrates a trial is held in front of 3 Lay Magistrates, who are members of the public trained as judges.

In Crown, the trial will be held in front of a judge and jury. Defendants can be represented by Barristers or Solicitor-Advocates. The Prosecution present their case first and the Defence can cross-examine their witnesses. Then the Defence will present evidence to rebut the Prosecution and Prosecution can cross-examine.

The CPS conduct all Magistrates prosecutions and some of the Crown Prosecutions using their own Solicitor-Advocates. They may need a Barrister for high profile cases.

Question 5

Youth Court

Answer 5

Offenders aged less than 18 will have a trial in the Youth Court.

There will be 3 Magistrates, there must be a Man and a Woman.

Trials are more informal; the Magistrates speak directly to the defendants, rather than through their legel representative.

Sentencing powers are limited; A fine for under 14’s can only go up to £250. There are other sentences e.g. Parent Orders or Training Programmes.

These cases are held in private, the public cannot attend and there are reporting restrictions.

Question 6

Magistrates Court

Answer 6

Civil Procedings

They deal with: Gambling Licenses, Enforcing Council Tax Demands, Writs of Entry for Utility Companies, Some Family Cases and Alcohol Licenses.

Magistrates will also deal with Bail Applications, unless it is for a serious indictable offence e.g. Murder.

Question 7

Crown Court

Answer 7

Created by Courts Act 1971.

Under Section 46 of the Supreme Courts Act 1981, all trials for Indicatble Offences are heard in Crown.

Crown Cases take an average of 3 months to come to court.

The trials involve a Jury, they decide if the Defendant is Guilty or Not Guilty.