Introduction Flashcards
- The criminal justice system
What’s the difference between criminal law and the criminal justice system?
Substantive criminal law is concerned with learning to identify criminal offences and how to apply
the law to the facts.
Criminal Justice Process
The criminal justice process involves litigation, evidence and sentencing from the initial allegation
right up to trial and possible conviction. It commences when a person is alleged to have
committed a prohibited act
This will generally result in the defendant being arrested, taken to a
police station and detained. Following a police interview, should the evidence allow, the defendant
will be charged and appear before a magistrates’ court.
Entering a plea
(a) If they plead guilty, the court moves to sentence.
(b) If they plead not guilty, there is a trial and the court comes to a verdict.
(i) If the verdict is guilty, the defendant must be sentenced.
(ii) If they are not guilty, the defendant is acquitted of the charge and is free to go. A person who is sentenced following either a guilty plea or verdict may appeal.
1.2 What types of offences are there?
Different ways to categorise criminal offences such as fatal and non-fatal offences against the person along with property offences.
However, there three classifications of offences which impacts where trial and sentencing take place: summary, indictable-only and
either way offences.
Summary Offenses (Least Serious Crimes)
Summary offences are the least serious crimes. These include offences such as assault and
criminal damage (subject to the value of damage caused). They can only be tried in the Magistrates’ Court, and the punishment that can be imposed is subject to the maximum that the Magistrates have the power to impose, currently six months’ imprisonment or up to 12 months’ imprisonment (for sentences running consecutively on two or more offences triable either way) and a £5,000 fine
Indictable-only offences
Indictable-only offences are the most serious crimes and can only be tried by a judge and jury in the Crown Court. The maximum penalty is that imposed by the statute creating or regulating the
offence. Examples include murder, manslaughter, causing grievous bodily harm with intent and
robbery.
Either-way offenses/Indictable Offenses
Offences which are ‘either way’ can be tried either in the Magistrates’ Court or the Crown Court
(also known as ‘indictable’ offences, in other words capable of being tried on indictment). The decision as to which court should try the offence is initially made by the Magistrates, in whose court all criminal cases commence.
Magistrate’s Decision
If the Magistrates decide that, on the facts of the allegation,
their powers of sentence are sufficient to deal with the matter, they will offer summary trial,
although the defendant has the right to choose trial by jury.
However, if the Magistrates conclude that the facts indicate an offence that would attract a penalty in excess of their powers, they will
decline jurisdiction. In this case the defendant loses the right to choose, and the case will go to the Crown Court. Examples of either way offences are assault occasioning actual bodily harm and
theft.
Youth v Adults Sentencing
The classification of offences is only relevant to adults. With youths, the potential sentence determines where their trial is held. Classification of offences will be something that will be more
relevant to you later in your legal studies, on criminal litigation or practice modules.
1.3 Where do the Police and Crown Prosecution Service come in?
If the harm caused is of a serious nature, we have decided that action should be taken by society rather than by the victim of that harm. While it might be reasonable to ask a person to sue to obtain money owed on a contract, it would not be reasonable to ask a victim of grievous bodily harm to fund and bring a prosecution against the perpetrator
Why not system of self-persecution?
A system of self-prosecution would
not have the efficiency that can be achieved by allowing the state to use the collective resources of society to prosecute such cases, through the Crown Prosecution Service. The state machinery, such as the police, is equipped for investigating such matters and for collecting evidence.
2.1 What is a crime?
From the earliest of times, society has regulated certain behaviour carried out by its subjects. This
regulation takes the form of offences/crimes created to check and protect society as a whole, as
well as individual interests and certain property rights.
It is not easy to define a crime but, as a starting point, we could say that a crime represents society’s interpretation of the difference
between right and wrong. It is for this reason that a crime can be thought of as a ‘public wrong’.
2.2 What are the purposes of sentencing?
Section 57(2) Sentencing Act 2020 which sets out the purposes of sentencing adults.
(2) The court must have regard to the following purposes of sentencing—
(a) the punishment of offenders,
(b) the reduction of crime (including its reduction by deterrence),
(c) the reform and rehabilitation of offenders,
(d) the protection of the public, and
(e) the making of reparation by offenders to persons affected by their offences.
2.3 What are the similarities and differences between criminal law and morality?
Not all unacceptable behaviour will be criminalised.
Certainly, general morality can inform the legislature on what
behaviour to outlaw: for example, it is not morally acceptable to act in such a way that results in the ‘infliction of grievous bodily harm’ on another, and there is a corresponding criminal offence
that reflects this
Example of Extramarital Sex (Morality v Criminality)
Certainly, general morality can inform the legislature on what
behaviour to outlaw: for example, it is not morally acceptable to act in such a way that results in
the ‘infliction of grievous bodily harm’ on another, and there is a corresponding criminal offence
that reflects this