from case to court Flashcards
what do the police do?
On arrest you will be read your rights:
“You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court.”
In the UK, this is the right to silence and has been established in common law since the 17thC
You do not have to answer any questions, and you do not have to give any evidence within your own trial or investigation
This is also recognized by the ECHR as something related to Article 6 ECHR
assault occasioning actual bodily harm
S47 Offences against the Person Act (1861) ‘when a person, intentionally or recklessly assaults another, thereby causing Actual Bodily Harm.’
ABH is not defined in statute, so the defining falls to common law - R v Donovan maintained that the hurt must be more than ‘transient or trifling’
once arrested what happens?
will be taken to the nearest police station, checked in and the investigation begins
As of when he is checked in, the police have 24 hours to charge or release him – if they do not have sufficient evidence within that time period, they must release
Within this 24 hour period, interviews will be conducted, CCTV watched and there will be attempts to collate evidence
24 hrs in police custody
S41 Police and Criminal Evidence Act (1984) sets out in statute, the time period of arrest following booking in
PACE also sets out the roles regarding the treatment. As a non-vulnerable adult, has the right to three meals, drinks, one phone call and the right that someone be informed of where you are
You also have the right to legal representation when being questioned
‘I want to speak to my solicitor’
- Therefore, eligible for legal aid- on everyone’s first appearance in police stations you are eligible for this
- A Duty Solicitor is available 24 hours a day and is independent of the police, and once you’ve asked for it you cannot be questioned without them being there
what is the CPS
Crown Prosecution Service)
An independent group who prosecute criminal cases bought by the police in England and Wales
cps have multiple roles including:
- Deciding which cases to prosecute
- Deciding appropriate charges in complex cases
- Preparing and presenting cases
- Providing assistance and support to victims and witnesses
how do the CPS work
The CPS have two stages which both must be met in order to go ahead and make a charging decision:
Evidential test: is there sufficient evidence to bring forth a trial? Will it stand up in court?
Public interest test: is it in the Public’s Interest to charge with an offence?
what happens after the CPS approve
The police will decide what to do following charge approval from the CPS, and they have 2 options
Going home until the trial, and having to follow bail regulations
Kept in police custody – known as remand
bail
You can go home from the court hearing, but may have to give up your passport, live at a particular address, stay away from certain people or report to a police station
If these aren’t followed, you can be arrested again. and held on remand until the first hearing
Remand
effectively imprisonment, used for people whom bail is inappropriate as the crime is serious, you’ve been convicted before or the police feel you may not go to your hearing
controversial as you’re liberty is being taken away without being found guilty, although you will be treated differently in prison due to this
Different rules apply such as wearing your own clothes, voting, help to work from inside prison and generally keep your life on the outside going
You are also able to ask for bail from inside prison if you feel your circumstances have significantly changed
realities of remand
Although remand prisoners are meant to have significantly more rights than those convicted (remember Article 6 ECHR – Innocent until found guilty?)
average stay around 9 weeks and women and ethnic minorities over represented
remand prisoners had little access to help to prepare for their trial, were having to share with sentenced prisoners and are at an increased risk of self harm and suicide
first hearing at magistrates
Almost every single trial begins at the MC, and 90% will be completed there
Magistrates court deal with 2 types of cases
Summary Offences: less serious cases, motoring offences and minor assaults in which the defendant does not need a jury
- Triable Either Way: dealt at MC or CC, theft, more serious assaults, handling stolen goods etc
anatomy of magistrates court
Magistrates deal with the backbone of a legal system but are made up entirely of volunteers, with no legal training
You need no formal qualifications or legal training and receive full training, and a legal advisor sits in court to help with the decisions
18 + to under 65, they must retire at aged 70 and serve for at least 5 years
You work 13 days a year and must possess some qualities such as an awareness of social issues, be reliable and committed to serving your community
Police Officers are unable to serve due to the conflict of interest which would obviously exist
You do not get paid for this, but get paid for travel and food as well as pay if needed (if your employer won’t pay)
Training is about 3.5 days or about 21 hours
