Lecture 7- The Court Process

Question 1

What are the key readings?

Question 2

What are the criminal procedure rules 2020?

Answer 2

Rules about criminal court procedure which deal with a range of issues from disclosure of evidence, case management of trials, sentencing, appeals to extradition

Question 3

What is Criminal Procedure Rule 1.1?

Answer 3

The Overriding Objective – To deal with cases justly

Question 4

What is justly?

Answer 4

Acquit of the innocent and convicting of the guilty

Question 5

What is Criminal Procedure Rule 1.2?

Answer 5

The duty of the participants in a criminal case

Question 6

What is Criminal Procedure Rule 1.3?

Answer 6

The application by the court of the overriding objective

Question 7

What is the European Convention on Human Rights Article 6?

Answer 7

The right to a fair trial

Question 8

What are the rights to a fair trial?

Answer 8

Everyone is entitled to a fair and public hearing within reasonable time
Judgement is pronounced publicly but the press and the public can be excluded
Interest of juveniles and protection of public life
Presumption of innocent until proven guilty

Question 9

What are the minimal rights when charged with a criminal offence?

Answer 9

Informed in a language they understand of the nature, cause and accusation
Adequate time and facilities to prepare for the offence
Defend themselves through legal assistance and given to free if they do not have the means
Examination or be examined by witnesses
Free assistance of an interpreterf

Question 10

What are examples of overriding criminal procedure rule 1.1?

Answer 10

The principle of publicity and plea bargaining

Question 11

What is principle of publicity?

Answer 11

The public character of proceedings protecting litigants against the administration of justice in secret without public scrutiny
Confidence in courts is maintained

Question 12

What is plea bargaining?

Answer 12

Receiving a lesser charge in exchange for guilty plea.

Question 13

What are the types of criminal offences in the Magistrates’ Court?

Answer 13

Summary offences
Either way offences
Indictable only offences

Question 14

What are summary offences?

Answer 14

Less serious offences tried in the Magistrates’ Court

Question 15

What are either way offences?

Answer 15

More serious crime but do not all have to be tried in the Crown Court

Question 16

What are indictable only offences?

Answer 16

Most serious offences that must be tried in the Crown Court

Question 17

What is the composition of the Magistrates’ Court?

Answer 17

Magistrates (2 but usually 3) or a district judge with a single justice procedure

Question 18

What is single justice procedure?

Answer 18

If you’ve been charged with a minor non imprisonable offence, you may be able to have your case decided by a magistrate without going to court.

Question 19

What are the time limits for either way offences?

Answer 19

None

Question 20

What are the time limits for summary only offences?

Answer 20

Must be laid within 6 months of the offence being committed

Question 21

What is S11 MCA 1980?

Answer 21

Where the accused fails to appear (presumption trial will proceedin absence– usually found guilty).

Question 22

What is S12 MCA 1980?

Answer 22

Guilty plea by post

Question 23

What is S11 (3) MCA 1980?

Answer 23

Sentencing an absent offender

Question 24

What is S15 MCA 1980?

Answer 24

Non-appearance of the prosecution (dismiss or adjourn)

Question 25

What is S122 (2) MCA 1980?

Answer 25

Legally v physically present. Defendant is deemed to be present by legal representative

Question 26

What occurs in the prosecution case?

Answer 26

1/ Defendant confirms not guilty plea
2/ Prosecution opens case and sets out the legal elements of the offence, outlines evidence, explanation of burden and standard of proof
3/ Prosecution witnesses gives evidence orally
4/ Prosecution is cross examined by defence and re-examined by prosecution

Question 27

What occurs in the defence case?

Answer 27

1/ Defence witnesses called to give evidence and cross-examined by the prosecution
2/ Re-examined by prosecution
3/ Prosecution gives closing speech summarising the case
4/ Defence provides their closing speech
5/ Magistrates retire to consider their verdict
6/ If defendant is found guilty then court must give reasons for verdict reached and move to sentence
7/ If found not guilty then they are formally acquitted of the offence