Pre-trial Procedures In Criminal Cases/Criminal Courts Flashcards
What is Criminal law?
Criminal law is set down by the state. It includes different type of offences, that are more serious than civil cases.
Who conducts most criminal prosecutions?
Since 1986, the majority have been conducted by the Crown Prosecution Service (CPS). Before that it was the police.
What are the different classifications of offences?
Summary offences.
Triable-either-way offences.
Indictable offences.
What is summary offences?
Least serious cases, e.g. driving offences, common assault, minor criminal damage. Always tried at magistrates court.
What is triable-either-way offences?
Middle range crimes, e.g. theft, assault causing actual bodily harm. Can be tried in either the magistrates or Crown Court.
What are indictable offences?
Most serious, e.g. murder, manslaughter, rape etc. Always tried at Crown Court.
What are the 4 different casework divisions of CPS?
- Specialist Fraud.
- Special crime and Counter.
- Organised crime.
- Proceeds of crime.
What are the two questions the CPS have to ask themselves before proceeding with a charge?
Is there strong enough evidence and a realistic prospect of conviction?
Is bringing the case to court in the public interest? -e.g. seriousness of case, level of culpability etc.
What happens in preparing the case
Once the defendant is charged, a team is then assigned to case. The CPS will then also work with and support the victims.
What are some of the ways the CPS work/support victims?
Encourage them to make a Victim Personal Statement.
Inform them of time,date and location of hearings.
Inform them if suspect is to be charged or not.
Inform them of any outcome of any hearings.
What is the maximum amount time the magistrates can put someone in jail for?
6 months.
How will indictable cases be heard?
Always have a first hearing in Magistrates before being sent to Crown Court. The defendant is also given the opportunity to apply for legal aid.
In recent years what has been the percentage of cases that have been convictions in both courts?
Magistrates=84%
Crown=79%
Why might someone ask for the hearing to be heard in Crown Court?
There’s a jury meaning they may feel a better chance of not being convicted.
Advantages of Crown Court trials?
More chance of being acquitted. (Over 60% are acquitted).
More likely to receive legal aid.
The lawyer in court is more experienced (must have certificate of advocacy)
