THE CRIMINALJUSTICE SYSTEM

Question 1

THE SUSPECT

Answer 1

1. When it is suspected that a crim-inal ofence has been committed, the police will investigate
2. if there are** reasonable grounds** to suspect a person has been involved in the commission of an offence, the suspect will be arrested.
3. The police then conduct further investigation, which may include interviewing the suspect.
4. Following this investigation, if the prosecution think there is a realistic prospect of conviction and it is in the public interest to prosecute, the suspect can then be charged.

Question 2

THE DEFENDANT

Answer 2

1. After being charged, the ‘suspect’ becomes a ‘defendant’ and enters the court system.
2. The court system adopts an
   adversarial process, whereby the defendant is pitted against the prosecution. To secure a conviction, the prosecution must convince the court** beyond reasonable doubt** that the defendant has committed the offence charged.
3. The defence, on the other hand, must try to cast sufficient doubt on at least one element of the offence charged.

Question 3

CLASSIFICATION OF OFFENCES

Answer 3

1. Summary only offences are the least serious offences, such as** assault or battery**. They can only be tried in the Magistrates’ Court (unless charged with a more serious offence) and carry low sentences.
2. Indictable only offences are the most serious offences,
   such as** robbery and murder**. They can be tried only in the Crown Court and carry the heaviest sentences. They are called indictable because the document containing the charges in the Crown Court is called an indictment.
3. Either way offences can be tried in either the Magistrates’ Court or the Crown Court, depending on the seriousness of the ofence and the defendant’s wishes. They include offences such as theft and criminal damage.

Question 4

THE COURTS OF FIRST INSTANCE
The Magistrates’ Court

Answer 4

1. The criminal courts of first instance (where trials are heard) in England and Wales consist of the Magistrates’ Court and the Crown Court.
2. Magistrates’ Courts are presided over by a District Judge or a panelof magistrates.
3. A District Judge is a legally qualifed judge (often a former solicitor or barrister with at least 7 years of experience in practice) who sits alone.
4. Magistrates are lay persons and sit in panels of two or three. A legal advisor is present to advise the panel on matters of law and procedure.
5. In the Magistrates’ Court, the District Judge or panel are the arbiters of issues of both fact and law.
6. All criminal cases start in the Magistrates’ Court

Question 5

The Crown Court

Answer 5

1. Crown Courts are presided over by a Crown Court Judge.
2. The Crown Court Judge is the arbiter of all matters of law, but all
   matters of fact are decided by a jury.
3. A jury is a collection of 12 randomly selected people who will decide whether the defen-dant is guilty or not guilty.
4. The Crown Court deals with the following offences:
   *Indictable only offences;
   *Either way offences, when the Magistrates’ Court has declined jurisdiction or when the defendant has elected Crown Court trial;
   *Either way or summary offences which are related to another offence being heard by the Crown Court if it is punishable by imprisonment and/or disqualifcation from driving; and
   *Appeals against conviction and sentence from the Magistrates’ Court.

Question 6

WELSH LANGUAGE IN CRIMINAL
PROCEEDINGS

Answer 6

1. In any legal proceedings in Wales, the Welsh language may be spoken by any party, subject to satisfying requirements of prior notice so provision for interpretation can be made.
2. In theMagistrates’ Court, there is no requirement for notice to be given. If any party wishes to proceed in Welsh, there should be no limitation or restriction on their ability to do so, even if they are also competent to proceed in English.