Criminal Process & Appeals Flashcards
criminal proceedings are brought by?
- crown prosecution service= headed by Director of Public Prosecution (DPP)
- police= for low level offences
- public bodies= environment agency
- private bodies= RSPCA
- private individual= CPS takes case over in certain circumstances
CPS has two stages in bringing proceedings
Evidential stage
Public Interest stage
evidential stage
first stage= either there’s a realist prospect of conviction
public interest stage
second stage= whether prosecution is needed in public interest
R v Christopher Killick [2011] EWCA CRIM 1608
“If CPS doesn’t prosecute, victim of crime has right to seek a review of decision, possibly re-opening case”
Commencing Proceedings have 4 criminal cases
- offences triable summary
- offences triable either way
- offences triable on indictment
- summary offences triable on indictment
offences triable summary?
- defendant is charged with summary case (driving without license)
- they plead guilty at 1st hearing
- court proceeds a straight sentence or adjourns case for pre-sentence report to be made
- if defendant pleads not guilty trial takes place at later date
offences triable either way?
- defendant charged with either way case (indictment )
- ‘allocation proceedings’ determine where trial takes place
- magistrate decides if case is suitable for summary trial in magistrate court
- defendant ask magistrate for indiction sentence
- if case isn’t suitable for summary trial it goes to crown court
- ‘A Plea & Trial Preparation Hearing’ takes place in crown court within 28 days
offences triable on indictment?
- defendant charged with indictable only offences
- they must be sent to crown court immediately without allocation hearing
- ‘A Plea & Trial Preparation Hearing’ takes place within 28 days
summary offences triable on indictment?
-defendant charged with summary offence but may be added to another charge that they have committed indictable only offence
Plea & Trial Preparation Hearing
- defendant is read out charges
- if D says guilty judge goes straight to sentence
- D can plead guilty as result of ‘plea bargain’
- if D pleads not guilty, judge will require certain info from lawyer
things that happen to defendant between ‘Plea Trial Preparation Hearing’ & trial
- D may be remanded in custody
- D may be remanded on bail
- D may be be allowed home until trial
Pre-Trial Disclosure
- certain documents must be disclosed to D before trial including witness statement
- after D must provide defence statement
- D’s statement includes; alibi, details of them, issues of law & details of any witness defendant may call
The trial
- in summary trial, magistrate decides when defendant is guilty or not; in trial of indictment jury decides
- trial on indictment happens as follows;
1. jury is sworn in
2. prosecution advocate opens case for prosecution in opening speech
3. prosecution advocate calls witness for prosecution
4. defence makes submission of ‘no case to answer’
5. if trial continue, defence advocate opens case for defence
6. defence advocate calls witness for defence
7. prosecution advocate sums up prosecution defence case via closing speech
8. defence advocate sums up advocate case via closing speech
9. judge sums up case for jury
10. jury retires & return with verdict
appeal
- magistrate courts- defendant may appeal against conviction and/or sentence- crown court
- magistrate courts- defendant may appeal against a decision of law by way of ‘case stated’- high court
- magistrate court- defendant may seek judicial review of magistrates ‘ decisions- high court
