Reporting the courts - Week 2

Question 1

Criminal case pathway/steps

Answer 1

1. crime committed
2. crime detected
3. suspect identified
4. suspect arrested (restrictions for journalists during this time).
5. police presents evidence to crown prosecution service
6. CPS decides whether case goes to trial or not and what the charges are

Question 2

After charges - criminal pathway/steps

Answer 2

Defendant goes to magistrates court or crown court (if charges are serious enough)

Question 3

Crown prosecution services (CPS)

Answer 3

Prosecutes criminal offences and work in public interest - sufficient evidence for conviction

Question 4

Conviction

Answer 4

Guilty of a criminal offence

Question 5

Legal representation

Answer 5

Solicitors: partners in law practice, specialties, give legal advice
Barristers: advocates - represents the people in court, access to all levels of court
- senior barristers apply to Kings Counsel

Question 6

Criminal Courts

Answer 6

Crown courts
Magistrates court
Youth court
“Beyond all reasonable doubt”

Question 7

Types of offences

Answer 7

Summary’ - minor: driving offences, animal cruelty
‘Either-way’ - more serious: theft
‘Indictable-only offences’ - most serious: murder, rape, manslaughter

Question 8

Magistrates court

Answer 8

All cases begin here, deal with summary offences but send indictable only to crown
- 95% of all cases are dealt in magistrates
- can only sentence prison up to 12 months (for one offences)
- unlimited fines
- district judge: sir/ma’am
- magistrates (sit in n3)

Question 9

Crown court

Answer 9

• indictable and some either way offences
• judge mostly rules on matter of law

Question 10

Crown court judges

Answer 10

High court judges: My Lord/Lady
write - Honourable Mr. John Smith
Circuit judges: Your honour
His/her honour Judge John Smith
Recorder (part-time):

Question 11

Crown court trial: order of proceedings

Answer 11

1. indictment read out/ plea
   if guilty - proceed straight to sentencing
   if not guilty - trial must be held
2. Trial
   - prosecution case
   Barristers outline evidence against accused and what their defence is
   - prosecution evidence
   Witnesses called, prosecution asks questions
   - defence evidence
   Defence witnesses called, questions asked
   - closing speeches
   From prosecution and defence
   - summing up.
   Judge reminds jury of evidence heard and law regarding the charge
   - jury retires
   Consider everything
   - verdict
   - not guilty/ guilty
   Not guilty: free to leave, guilty - onto sentencing

Question 12

Sentencing

Answer 12

• Prosecution outlines ‘aggravating factors’ of crime
• Plea of mitigation: defence barrister persuades judge to give more lenient sentencing
• Victim impact statement (sometimes statement from victim family)
• sentencing: may be delayed for pre-sentence reports