Criminal Law Procedure Flashcards
What is the criminal justice system process?
Commission of the crime / allegation –> investigation / arrest → decision to prosecute / charge (guilt is determined through verdict) → sentence → trial → first court appearance
Who are the actors in the criminal justice system?
Suspect / defendant / offender → the complainant → the police → CPS → defense barrister / solicitor → the court
Identify three roles of the police
- Investigate both suspects & complainants
- Carry out arrests (with warrants)
- Can seize property
Under which Act can these duties be carried out?
Under the Police & Criminal Evidence Act 1984
What can a suspect do once arrested?
They have a right to legal advice via access to a solicitor –> the solicitor will advise their client to answer police questions, give an account via a written statement & exercise the right to silence
What discretionary choices can the police make following investigation & questioning?
Refuse charge
Issue bail & investigate further
Issue a diversion
Charge in certain situations, e.g the suspect has admitted to the crime
Refer to the CPS for a charge (if police think suspect is guilty)
Bail will be considered if a decision is made to charge
What happens in a Magistrates’ Court?
The defendant’s first appearance in court depending on whether it’s a summary or triable - either way offence
Trials in this court will either be heard by a District Judge or Panel of Magistrates’
What Act was the CPS established under?
Prosecution of Offences Act 1985
What happens in a Crown Court?
The judge will give instructions as to what the law is
The jury determines whether the defendant is guilty or not guilty
Define a summary offence
Least serious offence that’s heard in a Magistrates’ Court, judge can either hand out 6 months imprisonment or a fine, e.g common assault
Define a triable - either way offence
Somewhat serious depending on the circumstances of the case that can be heard in either the Magistrates’ or Crown, e.g theft
Define an indictable offence
Extremely serious offence that’s heard in the Crown Court unless common - law (legislation created by judges indicates otherwise), e.g rape
Outline the trial process
Prosecution’s opening speech
Questioning of the prosecutions’ witnesses
Defense’s opening speech
Defendants’ witnesses, other witnesses, character witnesses
Prosecution & defense’s closing speeches
Summary & jury go & decide their verdict, depending on what the majority think
Verdict delivered by jury (no reasons given) + verdict delivered by Magistrates’ in Magistrate Court (reasons given)
Sentence
Identify three types of sentences
Custodial, community sentences, fines
Outline the first appeal process in the Magistrates’ Court
Magistrates’ Court (first instance) –> Appeal to the Crown Court (rehearing) –> Court of Appeal (criminal division) –> Supreme Court
