COURTS & PROSECUTION

What do criminal courts deal with?

Offences against the state, determining guilt beyond reasonable doubt and imposing penalties

What are examples of offences they deal with?

Theft, assault and murder

What is the order of criminal courts hierarchy?

Which parties are involved in criminal courts?

Prosecution (state or ‘The Crown’) and defendants

What is the Crown Prosecution Service (CPS)?

The public body responsible for prosecuting crimes on behalf of the state

What is the legal standard criminal courts use?

‘beyond reasonable doubt’, meaning certain proof for conviction is required

What are the purpose of criminal court convictions?

To punish and deter wrongful conduct, consequently protecting society

What legal representation to defendants have in criminal courts?

A solicitor, barrister or both

Under 16s and under 18s in full-time education automatically get legal aid

Who decides if an offence goes to court?

CPS decides if a prosecution should take place and what charge should be —> then decide if there’s a realistic prospect of conviction based on evidence, done so based on whether charge is provable ‘beyond reasonable doubt’ and if it’s in public interest to prosecute

Where is the Criminal Division?

In London - they can confirm a conviction, quash it, increase or decrease a sentence and order a re-trial

What do criminal convictions start with?

An arrest (with or without a warrant), a charge, summons or requisition

How can a suspect go to a police station?

Voluntarily, arrested with a warrant or arrested without a warrant

What can happen at the police station?

Suspect released without charge, released without charge on police bail, released under investigation or charged with an offence

What happens if police need more time to investigate?

Suspect released with police bail, have to return to police usually within 28 days or can be released ‘under investigation’

What is release under investigation?

Unlike pre-charge bail, has no time limit

What is a surety?

A person, usually a friend or relative who guarantees a defendant released on bail will surrender to court on the required date

They pledge a sum of money to the court and pays it if defendant fails to turn up

What does it mean when magistrates remand a defendant in custody?

When the most serious offenders are severely deprived of their liberty even if not yet found guilty as they pose a risk to the public

What is a charge?

A formal accusation, giving the alleged offender the basic details of the crime allegedly committed

What is bail?

The system by which a person awaiting trial or appeal may be freed by a court pending the next hearing

What does the Bail Act 1976 state?

A defendant must get bail unless the court has substantial grounds for believing they will commit further offences, interfere with the court of justice or abscond

What happens following charge?

A defendant will usually be brought before the magistrates’ court within 24hrs, excluding sundays, good friday or christmas day and given police bail and a date to attend court