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Law AS > The Criminal Process > Flashcards

The Criminal Process Flashcards

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1
Q

Where do all criminal cases start?

A

Magistrates Court.

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2
Q

What matters can the Magistrates Court deal with?

A

Granting bail, requesting pre-sentencing reports and/or medical reports, and setting a court date and time for the case to be heard.

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3
Q

What is the first hearing in the Magistrates Court called?

A

Early Administrative Hearing (EAH).

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4
Q

Who carries out the Early Administrative Hearing?

A

A single magistrate.

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5
Q

What three categories of offence are there?

A
  • Summary Offence
  • Triable Either Way Offence
  • Indictable Offences
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6
Q

What is a Summary Offence and where are they tried?

A

Minor offence, always tried in the Magistrates Court.

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7
Q

Give three examples of Summary Offences.

A

Assault, Battery and Criminal damage.

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8
Q

What is a Triable Either Way Offence and where are they tried?

A

Middle range crimes, tried in either Magistrates Court or Crown Court.

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9
Q

Give two examples of Triable Either Way Offences.

A

Theft and ABH.

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10
Q

What is an Indictable Offence and where are they tried?

A

More serious crimes, always tried in Crown Court, but first hearing is dealt with by Magistrates Court (S51 Crime and Disorder Act).

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11
Q

Give three examples of Indictable Offences.

A

Murder, Manslaughter and Rape.

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12
Q

What is the Pre-trial procedure for Summary Offences?

A

Sometimes dealt with at first appearance, usually adjourned because CPS doesn’t have all the information needed, defendant wants to get legal advice, or magistrates want a pre-sentence report. When there is, magistrates decide upon bail.

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13
Q

What is the Pre-trial procedure for Triable-Either Way Offences?

A
  • Plea before venue (Criminal Procedure and Investigations Act 1996) – D asked whether they are guilty, if pleads guilty, automatically heard by Magistrates court, but can send to Crown court for sentencing.
  • Mode of trial – decision of where trial is to be held if plea of not guilty. Magistrates decide if they are prepared to hear case (s19 Magistrates’ Court Act 1980) must consider nature and seriousness of case, own powers of punishment, and representations of prosecution and defence.
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14
Q

What other factors are there for Magistrates deciding if case should be sent to Crown Court?

A
  • Breach of trust by a person?
  • Committed by an organised gang?
  • Amount involved was more than twice amount Magistrates can fine?
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15
Q

What is a Defendant’s Election?

A

If magistrates prepared to hear case, D told they can choose trial by jury or by magistrates. Warned if tried by magistrates can still be sent to Crown Court for sentencing.

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16
Q

What is the Pre-trial procedure for Indictable Offences?

A

First hearing is heard in Magistrates Court. EAH deals with administrative matters, e.g. bail and legal funding. All other administrates matters dealt with by judge in Crown Court.

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17
Q

What are the reasons for choosing trial by jury?

A
  • Better chance of acquittal.
  • More likely to receive legal funding.
  • If served part of sentence of remand, may mean they are released at trial or given lesser sentence.
  • Lawyers more experiences at Crown Court.
  • Waiting time for Crown Court provides longer freedom within the community.
  • Some D’s want to be tried by peers.
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18
Q

What are the reasons for not choosing trial by jury?

A
  • If on remand, longer waiting time in prison.
  • Cost of lawyers much more expensive.
  • Crown Court has greater sentencing powers.
  • Magistrates Court hears case quickly.
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19
Q

What did the Auld Report recommend?

A

Magistrates decide venue, not defendant.

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20
Q

When may a person by released on bail?

A

After being arrested.
After being charged and before trial.
During trial process.

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21
Q

Why do the police release suspects on bail?

A

Whilst they make further enquires, called ‘bailed to return’.

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22
Q

What happens when the police grant bail?

A

Suspect must appear at local Magistrates Court at agreed date and time.

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23
Q

Who makes the decision on granting bail? Where is this stated?

A

Custody Officer under S38 PACEs.

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24
Q

Why may bail be refused?

A

If suspect’s name and address cannot be found or believe they have been given a false identity.

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25
Q

What happens if a person fails to surrender to bail?

A

Police have the right to arrest them.

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26
Q

Where are the rules on giving bail contained?

A

Bail Act 1976

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27
Q

What conditions can the police impose on granting bail?

A

Surrendering passport.
Regularly report to police station.
Not interfere with witnesses.
Remain under curfew.

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28
Q

What happens when bail is not given?

A

Suspect must appear in Magistrates Court at earliest opportunity.

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29
Q

What is the general assumption on bail?

A

That everyone should be given bail.

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30
Q

When does a court not have to give bail?

A 
If there is substantial grounds for believing suspect would;
Fail to surrender.
Interfere with witnesses.
Commit a further offence.
For own protection.
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31
Q

What other factors will the court consider when granting bail?

A

Nature and seriousness of offence.
Character, antecedents, associations and community ties.
If they’ve surrendered to bail before.
Strength of evidence.

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32
Q

What conditions can the court impose on granting bail?

A

Surrendering passport.
Reporting to police station.
Residing at specific address or bail hostel.

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33
Q

What are sureties?

A

A person is prepared to pay the court a sum of money if the defendant fails to attend court, it is not paid until they fail to attend.

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34
Q

What can the defendant appeal against and how many times?

A

Only on further appeal is allowed, D appeals against refusal to grant bail to judge in Crown Court.

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35
Q

What does the Bail (Amendment) Act 1993 do?

A

Gives the prosecution right to appeal to judge against granting of bail.

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36
Q

What are the restrictions on bail?

A

Where charged with murder, attempted murder, manslaughter, rape or attempted rape and have already served a similar sentence, only have the right to bail in exceptional circumstances.

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37
Q

What are the advantages of the bail system?

A
  • Reduction of number of D’s on remand, less cost to government.
  • D can maintain employment and spend time with family.
  • Able to prepare for trial more easily.
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38
Q

What are the disadvantages of the bail system?

A
  • Too many people are refused bail. 20% of prisoners are awaiting trial, some will be found not guilty.
  • Of those convicted; 60% will be given non-custodial sentences.
  • Should be a presumption of innocent till proven guilty.
  • Not enough staff to monitor bail hostels.
  • 12% of bailed offenders fail to appear at trial.
  • 1/3 of burglaries committed whilst on bail.
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39
Q

Why was the CPS established?

A

To take responsibility for making the decision to prosecute.

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40
Q

What years are important in the History of the CPS?

A

1970, 1978 and 1985.

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41
Q

What happened in 1970 regarding the CPS?

A

Justice Report identified problems with the prosecution role of the police.

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42
Q

Why was there a problem with the prosecution role of the police?

A

They were not impartial, said to be bias towards prosecution. High number of cases where police had tampered with evidence.

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43
Q

What happened in 1978 regarding the CPS?

A

The Phillips Royal Commission recommended establishment of an independent agency to take over the role.

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44
Q

What happened in 1985 regarding the CPS?

A

The Prosecution of Offences Act established the CPS.

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45
Q

Who is the head of the CPS?

A

The Director of Public Prosecutions (DPP).

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46
Q

Who is the Director of Public Prosecutions answerable to?

A

The Attorney General.

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47
Q

What does the CPS do?

A

Takes control of cases and soon as police are done investigating them.

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48
Q

What are the main roles of the CPS?

A
  1. Advises police on the charge that should be brought against suspect.
  2. Reviews cases police present to them.
  3. Prepared cases for Court.
  4. Presents cases in Court.
  5. Decided whether to bring prosecution against suspect.
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49
Q

How many areas of police force in the UK are there?

A

42 areas that correspond with police forces.

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50
Q

What are the areas in the UK headed by?

A

Chief Crown Prosecutor.

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51
Q

What are the areas split into?

A

Further branches.

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52
Q

What are the further branches of the areas headed by?

A

Branch Crown Prosecutor.

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53
Q

What % of cases in 2008-2009 resulted in convictions by the CPS?

A

80.7%.

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54
Q

Where is the code of practice contained?

A

S10 of the Prosecution of Offences Act 1985.

55
Q

What Stages are there of the decision to prosecute?

A

Stage 1 – apply the Evidential Test.

Stage 2 – apply the Public Interest Test.

56
Q

What is Stage 1 of the decision to prosecute?

A

Is there a realistic prospect of conviction? Objective test. Is the evidence sufficient, reliable and admissible?

57
Q

What happens if the case fails the evidential test?

A

The case will not progress to the next stage.

58
Q

What is Stage 2 of the decision to prosecute?

A

Is the case in the public interest to prosecute?

59
Q

What are factors in favour of prosecution?

A
  • Offence involves use of a weapon.
  • Offence committed against a public servant.
  • Conviction likely to result in significant sentence.
60
Q

What are factors against prosecution?

A
  • Suspect has put right the loss/harm caused.
  • Offence committed as a result of a genuine mistake.
  • Suspect played a minor role in the offence.
61
Q

What are two controversial cases?

A

Kay Gilder dale and Frances Inglis, both mercy killed their offspring.

62
Q

What was stated by the DPP about mercy killings?

A

They will nearly always by in the public’s interest to prosecute.

63
Q

What is the other test to decide whether to prosecute?

A

The Threshold test.

64
Q

What is the threshold test?

A

If the case fails the evidential test but it is believed that the suspect is too dangerous to be released, CPS will apply the Threshold Test.

65
Q

What does the Threshold test ask?

A
  1. Will the suspect be charged?
  2. Is there a realistic prospect of conviction?
  3. Is there a reasonable suspicion that person has committed the offence?
66
Q

What happens if the conditions of the threshold test are satisfied?

A

The public interest test will be applied.

67
Q

What reports evaluated the CPS?

A

1997 – The Narey Review
1998 – Glidewell Report
2001 – The Auld Review

68
Q

What did the Nary Review say?

A

Lack of preparation and delays. Alleviated by employment of case workers.

69
Q

What did the Glidewell Report say?

A

Too high (12%) discontinuance of cases.
Downgraded charged in alarming number of cases.
Tense relationship between police and CPS led to hostile blame culture.
CPS now based in police stations, joined up working is encouraged.
Witnesses’ were unreliable or didn’t turn up.

70
Q

What did the Auld Review say?

A

Recommended statutory charging. Police no longer able to charge suspects for serious or complex cases. Reduces number of discontinued cases.

71
Q

What are the qualification one must hold to be a juror?

A

Aged between18-70.
On the electoral register.
Resident in the UK for at least 5 years

72
Q

What can result in a permanent disqualification from jury service?

A
  • Sentenced to imprisonment for life.
  • Imprisoned or in youth custody for 5 years or more.
  • Detained during HM pleasure.
  • Imprisoned/detained for public protection.
  • Sentenced to an extended sentence.
73
Q

What can result in a disqualification from jury service for 10 years?

A

At any time in the last 10 years; served term of imprisonment, had a suspended sentence or had a community order passed on them.

74
Q

What else can disqualify someone from being on a jury?

A

Being on bail.

75
Q

What can happened is a disqualified person shows up for jury service?

A

Can be fined up to £5,000.

76
Q

What does Lack of Capacity mean?

A

Judge can discharge a person from jury service for lack of capacity to cope with trial.

77
Q

Who are the only people who can be excused from jury service?

A

Members of the armed service with a certificate from their commanding officer.

78
Q

Who used to be able to be excused from jury service?

A

Police officers and anyone involved in the criminal justice system.

79
Q

What act amended excusals?

A

The Criminal Justice Act 2003.

80
Q

What is the case associated with excusals?

A

R v I (2007).

81
Q

What happened in R v I (2007)?

A

Juror was a police officer who knew everyone giving evidence so automatically assumed D was guilty.

82
Q

What was the outcome of R v I (2007)?

A

Appeal was allowed, since she should have been asked to step down.

83
Q

What are discretionary excusals?

A

Potential juror can be excused at discretion of court, for example for an exam, family commitment, booked holiday or job commitment. Usually will defer rather than excuse.

84
Q

What can happen for non-attendance at jury service?

A

Can be fined up to £1,000.

85
Q

How are jurors selected?

A

Central Juror Summoning Bureau produced random list of jurors from the electoral register. Then summons is sent. Initially more than 12 jurors are summoned.

86
Q

How are jurors selected at Court?

A

Divided into groups of 15 and allocated a court. Trial clerk picks 12 at random.

87
Q

What happened is there is an insufficient amount of jurors?

A

Court can select anyone eligible off of the street.

88
Q

What types of vetting into jurors are there?

A

Routine police checks to eliminate disqualified jurors.

Wider checks into juror’s background and political affiliations.

89
Q

What case is associated with Routine police checks?

A

R v Mason (1980).

90
Q

What happened in R v Mason (1980)?

A

Chief Constable of Northampshire had policy of unauthorised vetting of criminal records.

91
Q

What was the outcome of R v Mason (1980)?

A

CoA approved of this type of vetting.

92
Q

What case is associated with wider checks of jurors?

A

Attorney Generals Guidelines (1988).

93
Q

What did the Attorney Generals Guidelines (1988) state?

A

Should only be used in cases involving national security.

Attorney Generals permission is needed.

94
Q

Who has the right to challenge a juror?

A

Both the prosecution and the defence before a juror is sworn in.

95
Q

What three types of challenges to a juror are there?

A

To the array.

For cause.

96
Q

What is to the array?

A

Whole jury can be challenged on grounds it is unrepresentative or biased.

97
Q

What Act makes to the array possible?

A

Juries Act 1974.

98
Q

What case is associated with to the array?

A

“Romford” jury in Old Bailey 1993.

99
Q

What happened in “Romford” jury in Old Bailey 1993?

A

9 jurors came from Romford, with 2 living within 2 doors of each other.

100
Q

What is for cause?

A

Can challenge an individual juror with a valid reason.

101
Q

What case is associated with for cause?

A

R v Wilson and Sprason (1995).

102
Q

What happened in R v Wilson and Sprason (1995)?

A

Wife of prison officer were D’s were being held on remand was summoned to jury service. She asked to be excused and the court refused.

103
Q

What was the outcome of R v Wilson and Sprason (1995)?

A

CoA quashed the convictions of the D’s.

104
Q

What is a prosecution right to stand by jurors?

A

Allows juror who has been stood by to be put at end of list of potential jurors.

105
Q

What Courts are juries used in?

A

Crown Court, High Court, County Court and Coroner’s Court.

106
Q

How are juries used in the Coroner’s Court?

A

To enquire into deaths, 7-11 jurors used.

107
Q

What is the role of the Jury?

A

To decide whether D is guilty.

108
Q

What is directed acquittal?

A

Judge can direct a jury to acquit.

109
Q
  1. Can a judge refuse a jury’s decision?
A

No, judges have to accept a jury’s decision.

110
Q

What is the case associated with judge refusing jury’s decision?

A

Bushell’s Case (1670).

111
Q

What happened in Bushell’s Case (1670)?

A

Jurors refused to convict Quaker activists so judge told them to convict or he’d throw them in jail. Still refused, so court fined them and committed them to prison until fines were paid.

112
Q

What was the outcome of Bushell’s Case (1670)?

A

Court of Common Pleas ordered their release, held jurors couldn’t be punished for their verdict.

113
Q

What has the government done to try to limit/reduce the use of juries?

A

Passed the Criminal Law Act 1977 which removed the right to jury in significant number of offences.

114
Q

How can a majority verdict be accepted?

A

If after at least 2 hours jurors have still not come to a decision.

115
Q

What can a majority verdict be made up of?

A

11-1 or 10-2. If jury falls under 12, only 1 juror can disagree. If only 9 jurors, has to be a unanimous verdict.

116
Q

What number of jurors can a jury not fall below?

A

9 jurors.

117
Q

Why can’t there be any enquiry into how a jury’s decision was made?

A

It’s made in secret.

118
Q

What is the disadvantage of juror’s decision being made in secret?

A

We don’t know how the decision was made or if they understood a point.

119
Q

What are the criticisms of the selection process of jurors?

A
  • Use of electoral register not representative.
  • No right to ethnically balanced jury.
  • Disqualified jurors may hide this and sit.
  • Excusals may lead to an unrepresentative jury.
  • Prosecutions Right to stand by, may be seen as an advantage.
120
Q

What are the advantages of a Jury?

A
  • Public Confidence.
  • Jury Equity.
  • Open System of Justice.
  • Secrecy of Jury Room.
  • Impartiality.
121
Q

What is the case associated with Jury equity?

A

R v Owen.

122
Q

What happened in R v Owen?

A

Man tried to kill lorry driver who killed son.

123
Q

What was the outcome of R v Owen?

A

Received a very lenient sentence, jury acquitted despite very strong evidence.

124
Q

What are the disadvantages of a Jury?

A
  • Media influence.
  • Jurors may be influenced by eloquent lawyers of judges when summing up.
  • Bias.
  • Lack of understanding.
  • Secrecy.
  • Fraud trails.
  • High Acquittal Rates.
  • Jury nobbling and intimidation.
  • Problems when jurors don’t follow rules.
  • Compulsory nature of jury service is unpopular.
  • Problems in relation to civil juries.
125
Q

What case is associated with Jurors may be influenced by eloquent lawyers of judges when summing up?

A

R v Alexander (2004).

126
Q

What happened in R v Alexander (2004)?

A

Juror sent notes to barrister asking for a date.

127
Q

What case is associated with bias of juries?

A

Sander v UK (2000) ECHR.

128
Q

What happened in Sander v UK (2000) ECHR?

A

Jurors were making racist remarks.

129
Q

What was the outcome of Sander v UK (2000) ECHR?

A

Held there was a breach of Article 6 of the ECHR.

130
Q

What case is associated with the secrecy of a jury?

A

Young (1991).

131
Q

What happened in Young (1991)?

A

Jurors had a séance to try and contact the victim and returned a guilty verdict.

132
Q

What was the outcome of Young (1991)?

A

CoA quashed conviction and ordered a retrial. Court could inquire into happening as it was not part of the discussion in the jury room.

133
Q

What are the recommendations for change for Juries?

A

Trial by single judge.
A panel of judges.
Judge plus lay assessors.
A mini jury.

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