Block 1 Intro to Criminal Law & the Courts

Where do criminal cases start?

Magistrates’ Courts

What happens with serious cases in the Magistrates’ Courts?

They are referred to the Crown Court after a preliminary hearing

Where are cases for under 18s heard?

Youth Court which is part of Magistrates’ Court

What happens if a defendant pleads guilty?

No hearing of evidence is needed so the case moves straight to sentencing. The defendant will receive a sentence reduction of up to one third.

How many cases do the courts deal with each year?

Approx 1.5 million

What punishments can be sentenced by criminal court?

Imprisonment
A suspended sentence
A community sentence
A fine
Disqualification from an activity eg. driving or running a company
An order relating to treatment of mental illness
Conditional discharge

The purposes of punishment in criminal cases

Incapacitation
Rehabilitation
Retribution
Reparation

Decisions made by the CPS

Whether further evidence is needed
If further action is appropriate
If the case should go to court
The appropriate offence to prosecute

Police powers to help detect crimes

Surveillance of suspected people/premises
Searches of people, premises or vehicles
Interception of communications

Police should pursue…

All reasonable lines of enquiry, whether they point towards or away from the suspect. What is reasonable in each case will depend on the particular circumstances.

Police powers that enable them to collect evidence are set out in…

Police and Criminal Evidence Act 1984

Alternatives to prosecution

Penalty Notice for Disorder
Cuation
Community Protection Notice
ASB Injunction

What is the full code test?

Used by CPS to decide whether a prosecution should be brought

What is the evidential test in the Full Code Test?

Is there enough evidence that, when presented to a court, would more likely result in a conviction than not?

What is the public interest test in the Full Code Test?

Would prosecution be in the public interest?

7 Questions in the public interest test

• How serious is the offence?

• What is the level of culpability of the suspect?

• What are the circumstances of, and the harm caused to, the victim?

• What was the suspect’s age and maturity at the time of the offence?

• What is the impact on the community?

• Is prosecution a proportionate response?

• Do sources of information require protecting?

3 Types of Criminal Offence

Summary
Either-way
Indictable-only

Examples of a summary offence

Assault
Battery
Taking a conveyance (vehicle) without consent

Examples of an either-way offence

Assault (racially or religiously motivated)
Theft
Fraud
Criminal damage
Assault resulting in ABH

Examples of an indictable-only offence

Murder
Manslaughter
Rape
Robbery
Wounding with intent to cause grievous bodily harm

How can a victim challenge a CPS decision?

Victims Right to Review Scheme
If still unhappy - independent review