Law - Criminal courts, sentencing and lay people

What does CPS stand for?

Crown Protection Service

What does the CPS do?

Having investigated an alleged offense, collected evidence and made the decision to charge a suspect with an offence – the police turn the case over to the Crown Protection Service. The CPS then decide once receiving the file from the police, whether to continue the case or drop it (12% are dropped at this stage)

What is the 2 criteria the decision to drop the file is based off?

1. Is there sufficient admissible evidence to make a conviction more likely than not?

2. Would prosecution be in the public interest

Once the decision to prosecute has been made, what will the CPS then do?

Determine the most appropriate offence with which to charge the defendant

What are the classes of offences and where are they tried?

Summery Offence: A summary offence is a minor criminal crime that is tried quickly in a lower court without a jury (Magistrates’ Court).

Triable either way: A triable either way offence is a criminal charge in England and Wales that can be heard and tried in either the Magistrates’ Court (without a jury) or the Crown Court (with a jury).

Indicatable offence: An indictable offence is a serious crime that can be tried before a judge and a jury in a higher court, such as the Crown Court in England and Wales, rather than a lower magistrates' court.

give 3 examples of summery offences

-Driving infractions: Speeding, driving without insurance, or careless driving

-Public order violations: Being drunk and disorderly or causing a minor public disturbance

-Low-level offenses: Common assault (which does not result in significant injury) or minor criminal damage where costs are typically under £5,000

give 3 examples of triable either way offences

-Theft: Stealing property, which can range from minor shoplifting to more serious incidents

-Assault Occasioning Actual Bodily Harm (ABH): Causing physical harm that is more than transient or trifling, under the Offences against the Person Act 1861

-Non-Aggravated Burglary: Entering a building as a trespasser with intent to steal or cause damage, without aggravating factors like explicit violence against a person inside

give 3 examples of indicatable offences

-Theft and Burglary: Ranging from low-value property theft to more complex break-ins.

-Assault Occasioning Actual Bodily Harm (ABH): Physical harm that is more serious than common assault.

-Drug Possession with Intent to Supply: Depending on the scale and type of the controlled substance.

what is the burden of proof

The presumption in a trial is “innocent until proven guilty” it is up to the prosecution that the defendant is guilty beyond all reasonable doubt

It is not up to the defendant to prove that he is not guilty

We call this burden of proof

The burden of proof is on the prosecution – they must prove the defendant is guilty

If the prosecution fails to prove this – the defendant is not guilty

What was trial by ordeal

Before 1215:Trial by ordeal was the idea “God would protect the innocent”. For example, Ordeal by Hot Water: The accused reached into boiling water to retrieve an object. Unburned skin proved innocence.

What is an important note for judges and their interaction with the jury

The judge can’t tell the jury what to do, it is their choice and they have separate jobs to do. The Judge is the sentencer

1. What percent of all criminal cases have juries?

2. How many members in a jury?

3. what is a juries priority?

4. What is the situation with unanimous and majority verdicts?

1. 2% (most are is Magistrates)

2. 12

3. Decide whether the defendant is guilty or not guilty beyond all reasonable doubt

4. Normally the jury must reach a unanimous decision – but after 2 hours, they cannot decide, the judge can accept majority (20% of all cases are unanimous decisions)

Why could somebody not qualify for jury service?

• If you’ve been in prison for 5 years or more

• If you are currently on bail

• mentally disordered persons under the criminal justice act 2003

• A poilce officer (R V Williams (2007) defendant found out a member of the jury was a police officer and appealed claiming its unfair)

What Act sets out the rules for a jury?

Juries Act 1974

Why might somebody not be able to go to jury service

– Being too ill to except

– disability that’s makes it impossible

– a mother with a small baby

– business appointments

– Prebooked holidays

-exams

What advice did Lod Dyson give to Judges that are called to jury service when he was called in 2004

They should treat their service not as a judge but as a citizen, if the judge knows the other judge in the court they should raise this

What has changed since 2004 for ‘essential occupations’ in juries

Prior to 2004 certain essential occupations (Doctors/pharmacists) had a right to miss out however this was abolished with the civil justice act 2003

what are people that summon jurors called

central summoning bureau

Why is it important to summon more than the necessary jurors needed and at at larger courts how many people are summoned

It is important to summon more than needed, usually 15 because you don’t know how many may be disqualified or excused. At larger courts, 150 may be summoned

How to jurors receive summons and how should they respond to this

Jurors receive summons in the post, and they must respond in 7 days and confirm attendance, if they cannot attend, they must explain why.

What does a challenge to the array mean

AI Overview

A challenge to the array is a formal legal objection asking a judge to throw out an entire panel of potential jurors before a trial begins.

Why was The Romford Jury Case a challenge to the array

Romford Jury 1993: out of a panel, 9 jurors lived on the same road. At the time the jury was selected manually rather than by computers. This is less likely to occur now.

What happens if a judge agrees to a challenge

If the judge agrees and grants the challenge, the entire panel is dismissed, and a brand-new group of potential jurors is called in. This challenges somebody’s right to sit as a juror. To be successful the challenge must point out a valid reason for somebody’s disqualification.

Only prosecution can do this, they put someone on standby and put them to the bottom of the list.

What does the criminal justice courts act (2015)say that makes it criminal crime to share, ask for, or dig up details about what jurors said or how they voted while deciding a court case

It is an offence to intentionally obtain, disclose or solicit any particulars of statements made, opinions express, arguments advanced or votes case by members of a jury in the course of their deliberations.