Introduction to the criminal justice system (CJS)

What are the 4 types of law?

Common law- Ancient law of England based upon social customs and precedent

Case law- The law established by the outcome of former cases

Statute law- An act of parliament

Bye laws- These are local laws made by local authorities such as obstructing pavements, urinating in the street

What are the 3 offence types? What courts do they attend?

-          Summary – lower level crime – magistrates- call them judge

-          Either way – lower or higher

-          Indictable only – higher level crime – crown court – jury- pass a higher sentence- your honour

What are the 4 type of police process and prosecution are there? i.e. we arresst them then what will happen?

Crime occurs and arrest if NECESSARY PACE code G

-          Arrest & interview bail with or without conditions or R.U.I (released under investigation) (no charge)

-          Arrest & interview and then charge then bail with or without conditions (seen on cctv and they maybe admit it- so substantial evidence we can police charge them then bail and give them a court date)

-          Arrest & interview and then charge and remand to next available court (take them into police custody until they can go to court)

-          VA (voluntary attendance interview if they refuse then arrest) and R.U.I or summons

What cases go to youth court?

Is there a jury and press?

-          Criminal age is 10

-          10-17 years old

-          No public gallery and restrictions to who can attend i.e. press can attend but restriction on reporting

-          No jury

-          3 magistrates or a district judge

-          Serious offence goes to crown court or tried with an adult

What cases go to magistrates court? What is the judge called? What sentences go there?

Magistrates

-          Summary or either way offences

-          Cases heard by 2 or 3 magistrates (volunteers appointed by the crown) or a district judge

-          Sentences up to 12 months (usually 6-12 months)  

-          “Your worship”

What cases go to crown court? What is the judge called? What sentences go there?

Crown

-          Indictable only

-          Not guilt cases are heard by a jury of usually 12 months

-          “Your honour”

What is the process of prosecution?

What is the burden of proof?

For criminal proceedings the burden of proof is on the prosecution to prove beyond a reasonable doubt.

What are the 3 types of civil court?

Family, coroners, county