Lecture 7- The Court Process Flashcards
What are the key readings?
What are the criminal procedure rules 2020?
Rules about criminal court procedure which deal with a range of issues from disclosure of evidence, case management of trials, sentencing, appeals to extradition
What is Criminal Procedure Rule 1.1?
The Overriding Objective – To deal with cases justly
What is justly?
Acquit of the innocent and convicting of the guilty
What is Criminal Procedure Rule 1.2?
The duty of the participants in a criminal case
What is Criminal Procedure Rule 1.3?
The application by the court of the overriding objective
What is the European Convention on Human Rights Article 6?
The right to a fair trial
What are the rights to a fair trial?
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
What are the minimal rights when charged with a criminal offence?
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
What are examples of overriding criminal procedure rule 1.1?
The principle of publicity and plea bargaining
What is principle of publicity?
The public character of proceedings protecting litigants against the administration of justice in secret without public scrutiny
Confidence in courts is maintained
What is plea bargaining?
Receiving a lesser charge in exchange for guilty plea.
What are the types of criminal offences in the Magistrates’ Court?
Summary offences
Either way offences
Indictable only offences
What are summary offences?
Less serious offences tried in the Magistrates’ Court
What are either way offences?
More serious crime but do not all have to be tried in the Crown Court
What are indictable only offences?
Most serious offences that must be tried in the Crown Court
What is the composition of the Magistrates’ Court?
Magistrates (2 but usually 3) or a district judge with a single justice procedure
What is single justice procedure?
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.
What are the time limits for either way offences?
None
What are the time limits for summary only offences?
Must be laid within 6 months of the offence being committed
What is S11 MCA 1980?
Where the accused fails to appear (presumption trial will proceedin absence– usually found guilty).
What is S12 MCA 1980?
Guilty plea by post
What is S11 (3) MCA 1980?
Sentencing an absent offender
What is S15 MCA 1980?
Non-appearance of the prosecution (dismiss or adjourn)
What is S122 (2) MCA 1980?
Legally v physically present. Defendant is deemed to be present by legal representative
What occurs in the prosecution case?
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
What occurs in the defence case?
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
