The legal system: the criminal courts and lay people Flashcards
What is the criminal process?
what is the criminal process?
Step 1: The police investigation.
Step 2: Will the case be prosecuted?
Step 3: Prosecution in the Magistrates’ Court.
Step 4: Trial and outcome.
Step 5: Appeal.
suspects are innocent until proven guilty, everyone has the right to a fair trial. initially heard in mags = early administrative hearing
governed by the criminal procedures rule 2013
What are the three types of offences?
The three types of offences are classified as summary offences, triable either way offences or indictable offences.
Summary offences:
Summary offences are minor criminal offenses that are usually tried in a Magistrates’ Court. They include offenses such as traffic violations, petty theft, and public disorder. The judgement is determined by a magistrate and may be a fine or community service. Summary offenses are less serious than indictable offenses
Low level motoring offences
Minor criminal damage
Common assault
Being drunk and disorderly
Taking a motor vehicle without consent
early administrative hearing at mags court deals with admin such as:
bail or remain in custody
what legal funding provisions are in place
pre sentence reports
plead guilty = sentencing at mags court
plead not guilty = summary trial at mags court
Triable either way offences:
mags or crown court - theft, abh, property by deception
plea and case management hearing take place at mags court - the defendant enters their plea, determines next stage of process
plead guilty = summary trial at mags court
-> sentencing at mags court
-> can pass the case to crown court for sentencing
plead not guilty = mode of trial hearing decided where the case will be tried, the d can choose whether to have their case heard in mags court or crown court, but if it is too serious for the mags jurisdiction, it will only be heard in crown court
-> summary at mags trial
-> indictable trial at crown court with jury
- benefits of having a trial by jury, money and time in crown court, if they found guilty in the crown court, the sentence may be much longer
Indictable offences:
crown court - most serious murder, manslaughter, rape, robbery
early admin hearing at mags court but crime and disorder stipulates that mags must send the case to crown court using committal proceedings
plead guilty = sentencing at crown court
plead not guilty = jury trial at crown court
what is the magistrates court
approx 280
each court deals with issues from its local areas
3 lay mags
6 months for one offence
12 months in custody for two offences
fines and community orders
lay mag - no formal legal training
district judge - legally qualified
supported by a legal advisor
all summary
any triable they accept
criminal side matters
youth cases
97% of criminal cases
what is the crown court?
approx 90 centres
approx 80,000 cases a year
judge - sentencing and points of law
12 jury members - guilty verdict
public gallery
reporters
jurisdiction:
triable either way if d has elected to go to the crown
all indictable offences
appeals from the crown court
thompson and venables v uk
what is the burden of proof in criminal cases?
beyond all reasonable doubt
what is the trial process?
- prosecution case
- delivers opening speech
- prosecution calls witnesses and conducts examination in chief
- defence then cross examines those witnesses
- prosecution will re-examine witnesses - determination of whether there is a case = prosecution presents all the evidence and the defence can submit there is no case to answer
- defence case -
= 1. defence calls its witnesses
= 2. prosecution cross examines witnesses - closing speeches
- both sides make closing speeches to jury or magistrates
- judge sums up crown court and offers jury advice
- jury and mags retire and aim for unanimous verdict
- not guilty = aquittal guilty = sentences
who are youth offenders
aged between 10 - 17
summary trials in youth court
specially trained magistrates
sit in private
less formal
crown court if charges carries a sentence of 14 years or more or if charged as an adult
what happens to appeals from the magistrates court?
appeal to crown court - only defence can appeal
automatic right to appeal
case is reheard by a judge and two mags
agree with original decision, reverse original decision or find the new verdict
can only be increased to the max a mag can give
if it is on point of law:
administrative court
prosecution and defence
mags state findings
appeal is then argued on these facts
heard by two high court judges
decision can be confirmed, varied or reversed
point of law is of general public importance
dc or sc gives permission because it should be heard by sc
what happens to appeals from the crown court:
appeals from defendant - conviction and or sentence - if they think conviction is unsafe and shall dismiss such an appeal in any other case
appeals by prosecution =
against judges ruling - allow appeal against a point of law that stops the case to avoid errors of law
against acquittal by the jury -
- result of jury nobbling
- where there is new and compelling evidence of the aquitted persons guilt and a retrial is in the publics interest
point of law:
if the judge makes an error in explaining a point of law when a def is aquitted the prosecution can appeal, does not affect acquittal but can set precedent
unduly lenient sentences -
set out by criminal justice acts!
