The Criminal Justice System

Question 1

What kind of system is The Criminal Justice System in England and Wales?

Answer 1

An adversarial system.

This is in contrast to an inquisitorial system, such as that found in France where a judge leads the investigation.

The adversarial system sees a prosecution and defence argue the evidence before a judge and jury who decide what the truth is. It is for the prosecution to prove ‘beyond reasonable doubt’ that the defendant is guilty of the offence and not for the defendant to prove that they are innocent or not guilty.

Question 2

Criminal liability.

For the majority of criminal offences, in order to be liable two things need to be present…

Answer 2

A guilty mind AND a guilty action.

Mens Rea AND Actus Reus

Question 3

What does Actus Reus mean?

Answer 3

An action carried out.

Occasionally, a person can be guilty of an omission (a failure to act), however this is only in a limited number of scenarios where a duty has already been established.

Question 4

What does Mens Rea mean?

Answer 4

This is a person’s thoughts or state of mind.

Depending on the offence, a person has to either have intended the action to occur, or have been reckless as to the possibility of the action occurring.

Question 5

Classification

There are three classifications of offence and these will be indicated by the relevant legislation:

Answer 5

Summary only

Either way

Indictable

Question 6

Classification

What are ‘Summary Only’ offences?

Answer 6

These are less serious crimes heard at Magistrates’ Court (adults) or Youth Court (10 - 17 years old).

Question 7

Classification

What are ‘Either Way’ offences?

Answer 7

These crimes can be heard either at Magistrates’ or Crown Court.

For example, criminal damage of up to the value of £100 would be heard at Magistrates’ whereas a case where the damage was valued at £1,000,000 would be heard at Crown Court. The magistrate decides which court hears the offence

Question 8

Classification

What are ‘Indictable’ offences?

Answer 8

The more serious offences that can only be heard at Crown Court.

Examples include aggravated burglary, robbery, kidnap, rape and murder.

Question 9

In basic terms, the more serious an offence, the more powers become available to police to deal with it.

The conditions under which an officer can enter and search premises without a warrant are set out where?

Answer 9

In s17, PACE 1984 (Police and Criminal Evidence Act 1984).

For example, this section provides a power of entry to a constable to arrest a person for an indictable offence (if the constable has reasonable grounds to believe that the person is on the premises).

Question 10

What is ‘Common Law’?

Answer 10

A body of unwritten laws based on legal precedents established by the courts.

Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law and set ‘binding precedents’ (this is when the decision of a higher court is binding on all lower courts and thus the decision must be followed in similar case).

Examples of common law offences are murder, manslaughter, and perverting the course of justice and breach of the peace.

Question 11

Give an example of a common law offence?

Answer 11

Breach of the peace - where there has been an imminent and likely threat of damage to property or assault.

There are many stated cases around BoP as it is common law, but it is not an offence.

Due to this, any BoP can only be dealt with by magistrates who can only deal with this by a bind over to further keep the Queens Peace.

Question 12

What is a bind over?

Answer 12

A bind over is a commitment to be of good behaviour and keep the peace in the future.

This may not seem much of a punishment, but it is likely the defendant will have been kept in police custody for overnight, which is taken into account by the court.

Question 13

What is Case law?

Answer 13

Case law comes from decisions made by higher courts that are accepted as precedent in lower courts.

Question 14

What is Statute law?

Answer 14

Laws that have been written down and these make up the largest amount of law that you will deal with.

Acts of Parliament create new laws or make changes to existing ones. These Acts will contain the different offences, definitions and powers attached (such as powers of arrest, or entry, search and seizure).

Statute law is always denoted by the title of the Act and the year in which it was passed, such as the Police and Criminal Evidence Act 1984.

Question 15

What must occur for a criminal case to be prosecuted?

Answer 15

The prosecution must prove their argument ‘beyond all reasonable doubt’ an extremely high standard and contrasts with civil law where the standard of proof is on the balance of probabilities.

It is important to remember that in a criminal case, the defendant’s liberty is often at stake, alongside the not inconsiderable consequences of being charged of a crime has on an individual’s life.

Blackstone’s ratio ‘It is better that ten guilty persons escape than that one innocent suffer’ reflects this ideation.

Question 16

How do Defendants Appear at Court?

Answer 16

1. Charge
2. Summons
3. By warrant

Question 17

Ways in which Defendants Appear at Court

Charge

Answer 17

Charge - following arrest

If there is sufficient evidence for a charge, the defendant is required to attend court to answer the charge.

The defendant may be remanded on bail to appear at court at a time in the future, or where a police officer deems necessary they may apply for the defendant to be remanded in custody to the next available court (i.e. defendant will stay in police custody after being charged and be transported to the next available court).

Question 18

Ways in which Defendants Appear at Court

Summons

Answer 18

This route will be used where a defendant has not been arrested, and a written “summons” is sent by post to a defendant requiring them to attend a court at a specified date and time.

It is the responsibility of the police to complete whichever report or case file that is required for the offence which is then laid before the court who will then decide whether or not to issue a summons.

This is commonly used for less serious offences such as the majority of traffic offences.

Question 19

Ways in which Defendants Appear at Court

Warrant

Answer 19

Courts themselves may issue warrants for an offender’s arrest for various reasons, including non-payment of fines or failing to appear at court when required to do so.

When the defendant appears in court they may, at the conclusion of the proceedings, be remanded on bail to appear again at the Court.

This bail may or may not have conditions imposed (e.g. a curfew). Alternatively, the Court may choose to remand the defendant in custody to appear again at the Court, although this is generally limited to more serious offences.

Question 20

What are the ‘lower courts’?

Answer 20

Magistrates’ Courts

Youth Courts

County Courts

Question 21

Types of Court: Lower Courts

What are Magistrates’ Courts?

Answer 21

These deal with less serious offences which make up the majority of all cases heard (summary only or either way), although the magistrates may refer cases to Crown Court where their powers of sentencing are insufficient for more serious offences.

Specialist Magistrates courts may be set up locally to deal with specific offence types, i.e. Road Traffic offences or Domestic Violence. In these courts the magistrates receive extra training.

Question 22

Types of Court: Lower Courts

What are Youth Courts?

Answer 22

Like Magistrates’ Courts, deals with less serious offences where the defendant is between 10 and 17 years old.

If the offence is a serious one, such as murder or manslaughter, cases involving youths will be heard at Crown Court. In addition, if a youth is jointly charged with an adult the case will not be heard at Youth Court but at Magistrates’ or Crown Court.

Question 23

Types of Court: Lower Courts

What are County Courts?

Answer 23

These hear civil cases.

One example of a crossover into everyday policing is where a County Court issues a non-molestation order or civil injunction (often in relation to domestic violence).

Whilst the injunction is issued by a civil court, they may have powers of arrest attached if any conditions are breached.

Question 24

What are the ‘higher courts’?

Answer 24

Crown Courts

Court of Appeal

Supreme Court

Question 25

Types of Court: Higher Courts

What are Crown courts?

Answer 25

Crown courts hear cases for offences triable on indictment and any either-way offences referred from the lower court (Magistrates’ or Youth).

In addition, Crown courts can also hear appeals from Magistrates’ or Youth Courts. Crown court cases are heard by a judge and jury rather than a magistrate.

Question 26

Types of Court: Higher Courts

What are Court of Appeal?

Answer 26

Court of Appeal mainly hears appeals (criminal and civil) from either Crown Court and the High Court and in rarer circumstances directly from Magistrates’ or Youth Court.

Question 27

Types of Court: Higher Courts

What is the Supreme Court?

Answer 27

Supreme Court (replacing the House of Lords in 2009) is the court where points of law are appealed to.

Question 28

What are Coroners’ Court?

Answer 28

Police officers are often called to as witnesses is the Coroners’ Court in the context of sudden deaths.

Coroners’ Court is where the how, when and where a death happened is discussed in relation to ‘violent or unnatural deaths, sudden deaths of unknown cause and deaths which have occurred in prison’.