from case to court Flashcards
what are the rights the police read you?
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
what do the police do?
police have 24 hours to charge or release – 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
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’
24 hours 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 of a personl. As a non-vulnerable adult, the person has the right to three meals, drinks, one phone call (this can be retracted if there is suspicion it could hamper the investigation) 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”
If someone has never been in trouble with the police before, has never been arrested and has never been questioned, eligible for legal aid
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 crown prosecution service
An independent group who prosecute criminal cases bought by the police in England and Wales
what roles do the CPS have
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 CPS work
The CPS have two stages which 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: it is in the public’s interest to charge with an offence?
- Both of these must be satisfied, it does not matter how serious or sensitive the offence is – if evidence is missing especially, it will not go forwards
after approval from the CPS
police 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.
what is remand
effective imprisonment
used for people whom bail is inappropriate as the crime is serious, been convicted before etc
liberty taken away without being found guilty
different rules apply e.g. wearing own clothes, voting etc
able to ask for bail from inside prison if circumstances change
what is the average remand stay
9 weeks
realties of remand
women and ethnic minorities overrepresented
remand prisoners have little access to help to prepare for their trial
increased risk of self harm and suicide
what % of trials that being in magistrates court finish there?
90%
what 2 types of cases to MC deal with
summary offences
triable either way
summary offences
less serious case
motoring offences
minor assaults
defendant does not need a jury
triable either way
dealt at MC or CC
theft
more serious assaults
handling stolen goods
anatomy of MC
Magistrates deal with the backbone of a legal system but are made up entirely of volunteers, with no legal training
You need no normal qualifications or legal training and receive full training, and a legal advisor in court to help with the decisions
Unlikely you’ll be a magistrate if you’ve been committed of a serious crime, found guilty or many small offences, banned from driving or declared bankrupt
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
what ages are MC
18+ to under 65, must retire aged 70 and save for at least 6 years
how many days a year to MC work
23
how long is training for MC
3-5 days or about 21 hours
crown court
Going to a CC means you have the benefit of a judge with legal education, experience of the courts and law, likely experience of your crime and also have a jury
However, the punishment may end up being significantly more, longer and harsher
As the prosecution are tasked with bringing the case to court, they bear the burden of proof.
Prosecution opening speech, followed by prosecution witnesses and evidence
Defence then cross examine if they’d like and call their witnesses and give evidence
Prosecution cross examine defence witnesses and defendant themselves
Closing speech from prosecution, followed by defence
judge sums up, jury retires
lawyers
In a crown court, lawyers are either prosecution or defence with P lawyers working for the government and D lawyers privately employed
Both are barristers, although now can be solicitors with rights of audience
to become a barrister
law degree
BPTC
pupillage
choose inn (4)
barrister
to become a solicitor
law degree
LPC
training contract
solicitor
what are they three types of judge who could sit in the CC
high court
circuit (also sit in county court)
recorders (part time judges, who are lawyers in private practise)
sentencing
Following the trial, the judge asks the jury to retire
Once the jury have found guilt, it is time for the judge to step in
They receive a pre statement report and will retire to make their decision and reveal it at a sentencing hearing
what 4 things does this judge take into account in sentencing
circumstances of offender
circumstances of offence
guilty plea
the offence
detailed sentencing
It is an incredibly detailed document, there are multiple categories regarding human and culpability of the offender as well as
- Guilty plea reductions
- Assistance to prosecution
- Dangerousness
- Consideration for remand time
give an example of 3 aggravating factors
location
others around
timing of offences
give 4 examples of migrating factors
remorse
previous good character
no previous convictions
isolates incident
what are the 4 categories of punishment
custody
community orders
fines
discharges (absolute or conditional)
