Criminal law - Rules and Theory - Trial Process

Burden and Standard of Proof

Burden on the prosecution to prove D’s guilt beyond reasonable doubt

Hierarchy of the Criminal Courts

1) The Supreme Court

2) Court of Appeal (Criminal Division)

3) Crown Court

4) Magistrates Court

Role of the Criminal Courts

In both the Magistrates’ and Crown Courts the majority of D’s plead guilty. Here – Court’s role is to sentence.

Where D pleads not guilty, the role of the court is to try the case and if guilty, sentence.

Summary offences - least serious

Place of Trail: Magistrates Court

Examples of offences: Assault; Battery; Driving without insurance

Triable either way offences

Place of Trial: Magistrates or Crown Court

Examples of Offences: S.47 ABH; S.20 GBH; Theft

Indictable Offences - Most Serious

Place of Trial: Crown Court

Examples of offences: S.18 GBH; Murder; Manslaughter; Rape

Summary Offence trail process - assault or battery

•Early administrative hearing

•One pre-trial matter to be decided: bail?

•Trial held in MC

•Can be sent to CC for sentencing if MC powers are insufficient.

Triable either way offences trail process - S.47 ABH

•Early administrative hearing in MC

•One pre-trial matter to be decided: bail?

•First main hearing in TEW case is to decide which court: MC or CC

•Under plea before venue; D pleads guilty or not guilty

•If pleads guilty – will go to MC but can be sentenced by CC if sentencing powers insufficient.

•If pleads not guilty – there will be a mode of trial hearing.

•If magistrates accept jurisdiction – D has the right to choose trial by jury.

•If magistrates refuse jurisdiction – sent to CC for trial.

Indictable Offences trial process - S.18 Wound or GBH with intent

•Early administrative hearing in MC but will pass through quickly for transfer to CC. MC will decide only preliminary issues such as bail.

•First hearing in CC is a PCMH. During this hearing D will enter a plea.

•If pleads guilty – D will be sentenced.

•If pleads not guilty – trial at CC after the prosecution and defence have filled in a questionnaire.

•The questionnaire identifies issues such as conflicting witnesses; exhibits; admissibility of evidence; estimated length etc.

Trial Processes