Criminal Practice 1: The Criminal Justice System

Question 1

When will a suspect be arrested and charged?

Answer 1

Arrested
- if there are reasonable grounds to suspect a person has been involved in the commission of an offence

Charged
- if the prosecution (CPS) think there is a realistic prospect of conviction and it is in the public interest to prosecute

Question 2

What are the classifications of offences and what court can they be tried in

Answer 2

Summary only (assault, battery..)
- only in Magistrates

Indictable Only (robbery, murder..)
- tried only in Crown Court

Either Way (theft, criminal damage, burglary ..)
- can be tried in either court depending on seriousness and defendants wishes

Question 3

Who presides over magistrates court?

Answer 3

• District Judge; or
• panel of magistrates

These are arbiters of both fact and law

Question 4

Who presides over crown court?

Answer 4

Crown Court Judge
- arbiters of of law

Jury
- arbiters of matter of fact

Question 5

What cases does the crown court deal with?

Answer 5

• indictable only offences
• either way offences when MC has declined jurisdiction or when D has elected Crown Court
• Either way or summary offences which are related to another offence being heard by crown court if it is punishable by imprisonment and/or disqualification from driving
• Appeals agains conviction and sentence from magistrates

Question 6

What is the overriding objective of criminal law?

Answer 6

Criminal cases be dealt with justly, which includes:
- acquitting the innocent and convicting the guilty
- dealing with the prosecution and defence fairly
- recognising the rights of a defendant
- respecting the interest of witnesses, victims and jurors
- dealing with the case efficiently and expeditiously