Legal Systems - Criminal Justice System Flashcards
Indictable offences
- Serious offences triable on indictment
- Only heard in CC (pre trial matters in MC)
- Indictment is a formal document outlining offence and brief facts
TEW Offences
- Can be heard in MC or CC
- Depends on seriousness of offence
- Magistrates Court Act 1980
Summary Offences
- Low severity
- Heard in MC
Criminal Justice Process
- Police and CPS
- Trial
- Sentencing
- Appeal
Police Powers
- Stop and search in public
- Searching premises and seizing of property
- Arrest, detain, search and interview suspects
- Obtaining intimate/non-intimate samples from detained persons
Police Powers Act
Police and Criminal Evidence Act 1984 (PACE)
Detention
- 24 hours after arrival without being charged
- Detention without charge up to 96 hours with warrant from Magistrate
- Terrorist offences: 14 days
Detention Rights
Right to have someone informed of arrest s.56 and Code C
Questioning
- Right to legal advice s.58 and Code C
- D to be informed of rights
- Right to fair treatment
- All non-summary offences to be tape recorded
- D not under influence during questioning
- Juveniles to be accompanied
- Confession must be voluntary
Charging
- Police powers to charge minor offences (CJA 2003)
- s.28 CJA: moved decision from the police to the CPS
CPS Act
- CPS established under Prosecution of Offences Act 1985
- s.3(2): Function of CPS to provide an objective assessment of the results of police investigations and to prosecute cases.
Decision to charge (test)
Full Code Test
Full Code Test
- Evidential Stage
- Public Interest Stage
Evidential Stage
Must have sufficient evidence for a realistic prospect of conviction
Public Interest Stage
Is it in the public interest to charge the offender?
Crown Court
- HC Judges, Circuit Judges, Recorders and Lay Magistrates
- First Instance and appellate
- Hears all indictable and some TEW
- Jury Decision
- Appeals from MC
- Powers of sentencing
Magistrates Court
- Lay Magistrates
- Hears 98% of criminal cases
- Summary and some TEW
- Conduct allocation proceedings
- Grant arrest/search warrants
- Bail applications
- Power to make compensation orders to victims
MC: Max Sentence
£5,000 and/or 6 months imprisonment. 12 months for two or more offences
Pretrial Matters
- Disclosure
- Unused Material
- s.5 Criminal Procedure and Investigations Act 1996: defence must provide a defence statement
- Duty to disclose material that might undermine the case of the prosecution (s.3 CPIA)
Pretrial Matters Act
s.5 Criminal Procedure and Investigations Act 1996: defence must provide a statement
s.3 CPIA: Duty to disclose material that may undermine prosecutions case.
Burden/Standard of Proof
- Prosecution has burden of proving guilt
- Standard of proof is beyond reasonable doubt unless statute imposes burden or where the defendant is obliged to prove the defence balance of probabilities
Standard of Proof Case
McNaghten’s case: common law defence of insanity, defence has burden of proving the insanity
Sentencing Council Guidelines
- Determine offence category (culpability and harm)
- Use the table to find starting point and category range
- Consider any aggravating/mitigating factors
Appeal System
MC -> CC
CC -> CoA
CoA -> SC
Criteria for Referral
- Argument or evidence has not been raised during the trial/appeal
- Exceptional Circumstances
Criteria for Referral Case
Fagan v Metropolitan Police: Not proven beyond reasonable doubt that D put the wheel on the Police officers foot. D was convicted of assaulting a police constable in execution of his duty, contrary to s.51 Police Act 1964.
