Criminal Practice - The Criminal Justice System and Advising Clients at Police Station

Question 1

Courts of First Instance

Answer 1

• Magistrates’ Court
• Crown Court
• Youth Court

Question 2

Magistrates’ Court

Answer 2

• Presided over by District Judge or bench of magistrates
• District Judge is a legally qualified judge with a least seven years of experience in practice who sits alone
• Magistrates sit as a bench of 2/3 and advised by a legal adviser
• District Judge or magistrates’ bench decide matters of law and matters of fact
• All criminal cases irrespective of charge start here
• Magistrates’ Court can only impose a maximum of 6 months for single either way offence, 6 months for multiple summary only offences, 12 monts for more than one either way offence

Question 3

Crown Court

Answer 3

• Matters of law and matters of fact not decided by the same persons
• Presided over by Circuit Judge or recorder
• All matters of fact decided by a jury

Deals with:

• Indictable only offences
• Either way offences (when the Magistrates’ Court has declined jurisdiction or when the defendant has elected Crown Court trial)
• Either way/summary offences which are related to another offence being heard in Crown Court if punishable by imprisonment and/or disqualification from driving; and
• Appeals against sentence and conviction from the Magistrates’ Court

Question 4

Summary Only Offences

Answer 4

• Can only be dealt with by Magistrates’ Court (unless charged with a more srious offence)
• Least serious offences (e.g. assault and battery)
• E.g. assault and battery

Question 5

Indictable Only Offences

Answer 5

• Can only be heard in the Crown Court
• Most serious offences (e.g. murder, manslaughter and robbery)
• If defendant charged with multiple offences the most serious will decide the court

Question 6

Either Way Offences

Answer 6

Can be heard in Magistrates’ Court or Crown Court depending on the seriousness of the offence and the defendant’s wishes

More serious than summary only offences but less serious than indictable only offences

Where these cases will be heard will depend on:

1. Whether the Magistrates’ Court has appropriate sentencing powers; and
2. What the defenant wants

E.g. theft, ABH and criminal damage

Question 7

Suspect’s Rights at Police Station

Answer 7

Under PACE 1984

• Access to free legal advice (can be in-person or over the phone) - very rarely this can be delayed for up to 36 hours by police for indictable only offences, if authorised by an officer at least the rank of Supt in writing and reasonble grounds to believe case will be prejudiced by legal advice being given
• Right to notify someone of arrest (very rarely can be delayed for up to 36 hours if offence is indictable, authorised by an officer at least the rank of Inspector in writing and reasonable grounds to believe case will be prejudiced by the exercise of this right)
• Right to inspect police codes of practice under PACE
• Right to silence
• Right to be informed of reasons for arrest
• Right to inspect documents
• Right to information on detention time limits

Question 8

Custody Time Limits

Answer 8

• Time limits start from when suspect arrives at the police station
• Initial time limit is 24 hours
• Can be extended by 12 hours with superintendent’s approval if offence is indictable only or either way, further detention necessary to ecure or preserve evidence or obtain evidence by questioning and investigation being conducted diligently and expeditiously
• With approval from Magistrates’ Court a suspect can be held beyond 36 hours (36 hour extension on first application and an additional 24 hour extension on second application)
• Total CTL is 96 hours (4 days)

Question 9

Magistrates’ Court Extension

Answer 9

• If offence is indictable
• Reasonable grounds for believing further detenction necessary to preserve or obtain evidence
• Investigation being conducted diligently and expeditiously

Question 10

Summary Only Offences

Answer 10

• Assault
• Battery
• Shoplifting with a value of below £200 (although D can still elect Crown Court trial)
• Criminal damage (under £5,000)

Question 11

Either Way Offences

Answer 11

• ABH
• s.20 GBH
• Theft (unless value is under £200)
• Domestic burglary (unless includes commission of/intent to commit indictable only offence, victim subject to violence/threat or if third charge for domestic burglary)
• Non-domestic burglary
• Fraud by false representation, failure to disclosure and breach of position of trust
• Criminal damage (over £5,000)
• Arson

Question 12

Indicatable Only Offences

Answer 12

• s.18 GBH
• Murder
• Manslaughter by diminished responsibility
• Manslaughter by loss of control
• Unlawful act manslaughter
• Gross negligence manslaughter
• Robbery
• Domestic burglary (only if burglary includes the commission of/intent to commit an indictable only offence, victim subject to violence/threat or third charge for domestic burglary)
• Aggravated criminal damage

Question 13

Right to Legal Advice

Answer 13

• When suspect requests legal advice the Defence Solicitors Call Centre is contacted and they determine if telephone advice is sufficient or whether the solicitor should attend the police station