Criminal courts

INTERNATIONAL EXAMINATION: Criminal Courts and Criminal Process

Unit 1.2: Machinery of Justice

Introduction
  • The two main types of courts responsible for trials of criminal cases are:
    • Magistrates' Court: For the least serious summary offences.
    • Crown Court: For the most serious indictable offences.
    • Triable-either-way offences can be tried in either court depending on specifics.
  • Procedure for Defendants:
    • If a defendant pleads guilty, a sentence is imposed.
    • If a plea of not guilty is entered, a trial occurs to determine guilt.
    • The burden of proof lies on the prosecution, requiring proof beyond a reasonable doubt.
8.1 Role and Jurisdiction of the Criminal Courts
8.1.1 Magistrates' Court
  • About 160 Magistrates' Courts exist in England and Wales, historically located throughout towns and cities. Due to closures, distances may now be significant.
  • Magistrates:
    • Cases are heard by either legally qualified District Judges or lay justices (non-legally qualified magistrates).
    • Each court has a legally qualified clerk who advises lay magistrates.
  • Jurisdiction of Magistrates' Courts includes:
    1. Trying all summary cases.
    2. Trying triable-either-way cases if suitable for Magistrates' Court.
    3. Handling the first hearing of all indictable offences, which are then referred to the Crown Court.
    4. Addressing preliminary matters (e.g., issuing warrants, deciding on bail applications).
    5. Trying cases in the Youth Court (defendants aged 10-17).
  • Summary and triable-either-way offences constitute approximately 97% of criminal cases.
8.1.2 Crown Court
  • The Crown Court operates at around 84 locations across England and Wales, primarily addressing all indictable offences and triable-either-way offences sent from Magistrates' Court.
  • Pre-trial matters in the Crown Court are handled by a judge, while guilty pleas result in sentence adjudication by the same judge.
  • For not guilty pleas, a jury decides the verdict.
  • The judge's role includes:
    • Controlling court procedures,
    • Ruling on legal issues,
    • Directing the jury regarding law and evidence,
    • Imposing sentences for guilty verdicts.
8.2 Classification of Criminal Offences
8.2.1 Summary Offences
  • Summary offences are the least severe, exclusively heard in Magistrates' Courts and categorized into five levels:
    • Level 1: £200
    • Level 2: £500
    • Level 3: £1000
    • Level 4: £2500
    • Level 5: Unlimited
  • Examples include:
    • Driving while disqualified,
    • Common assault,
    • Theft below £200 (e.g., shoplifting).
8.2.2 Triable-Either-Way Offences
  • Triable-either-way offences can be tried in either court, such as:
    • Assault causing actual bodily harm,
    • Theft,
    • Burglary.
  • If dealt with in Magistrates' Court, it follows summary offence procedures with the option for magistrates to send to Crown Court for sentencing based on severity.
8.2.3 Indictable Offences
  • These are the most serious types recorded only in the Crown Court.
  • Preliminary hearings occur in Magistrates' Court for identity verification and bail decisions. Most accused individuals remain in custody after a charge.
  • Jury decides cases for not guilty pleas, while guilty pleas lead directly to sentencing. Examples include:
    • Murder,
    • Manslaughter,
    • Robbery.
8.3 Pre-Trial Processes
8.3.1 Summary Offences
  • Starts with a clerk verifying the defendant's name and address. Plea entered will typically fall over 90% guilty.
Procedure upon Guilty Plea:
  1. Crown Prosecutor outlines facts of the case.
  2. Defendants may agree or dispute facts, leading to a potential Newton hearing if disagreement arises.
  3. Past record of convictions is presented.
  4. Background information about the defendant is provided (residence, relationships, financial status).
  5. Consider relevant reports (e.g., pre-sentence, medical reports)
  6. Final opportunity for mitigation speech.
  7. Magistrates then decide the sentence.
8.3.2 Triable-Either-Way Offences
  • The trial procedure mirrors that of summary offences, except for the added magistrates' authority to commit for sentence if they find guilt.
  • Committal for sentence occurs if magistrates believe that their sentencing authority is insufficient.
8.3.3 Indictable Offences
  • First hearings establish identity and bail, immediately transferring to Crown Court as per s 51 of the Crime and Disorder Act 1998.
  • Subsequent pre-trial matters are managed solely by a Crown Court judge.
  • Pleas of guilty entail direct sentence determinations by the judge, while not guilty pleas require jury trials.
  • The Criminal Procedure Rules prioritize fairness in criminal cases.
  • Plea and Trial Preparation Hearing (PTPH) defines all charges and initiates trial preparation by establishing:
    • The arraignment process,
    • Issues for trial identification,
    • Timelines for preparation,
    • Case Management Hearing arrangements.
  • The indictment documents set charges before trial, potentially allowing for different charges based on witness statements.
8.4 Appeals
8.4.1 Appeals from Magistrates' Court to Crown Court
  • Available solely to the defence:
    • Convicted plea guilty: appeal for sentence only.
    • Convicted plea not guilty: appeal against conviction and/or sentence.
8.4.2 Case-Stated Appeals
  • These appeals examine legal points in the Queen's Bench Divisional Court from either the Magistrates' or Crown Court, inclusive of requested case statements.
  • The appeal outcome can vary based on perceived legal inaccuracies. These entail no witness consideration.
8.4.3 Appeals from the Crown Court
  • A defendant may appeal against conviction/sentence to the Court of Appeal (Criminal Division) under the Criminal Appeal Act 1995 for cases deemed unsafe or otherwise legally problematic, generally invoking fair trial considerations.
  • New evidence may also form grounds for appeal.
8.4.4 Court of Appeal's Powers
  • Options include:
    • Allowing appeals by quashing convictions,
    • Modifying convictions to lesser offenses,
    • Decreasing sentences,
    • Dismissing appeals,
    • Ordering retrials.
  • Prosecution appeals against acquittals happen under circumstances like jury misconduct or compelling new evidence warranting retrial.
8.5 Police Bail: PACE 1984 and Criminal Justice and Public Order Act 1994
8.5.1 Bail
  • The essential decision for pre-trial is whether an accused person will be in custody versus granted bail; individuals may be released post-arrest.
  • Principles underlying bail granting involve public safety, and while relevant crimes may restrict bail rights, a presumption exists in favour of it in cases of civil liberties.
8.5.2 Police Powers to Grant Bail
  • Officers may issue bail pre-charge while further investigations occur, detailing conditions when needed.
  • Procedures outline that if an accused doesn’t appear post-bail, police can arrest to face charges.
8.5.3 Conditional Bail
  • Subsequent legislation enabled police to impose conditions to ensure:
    • Surrender to bail,
    • Non-reoffending,
    • Witness interference prevention.
8.5.4 No Police Bail
  • If no bail is granted upon charge, the accused is presented to the Magistrates' Court promptly where bail necessity is re-evaluated and determined at any subsequent procedural point.
8.5.5 Release Under Investigation (RUI)
  • RUI serves as a less formal alternative allowing police investigatory space, failing to bind strict conditions while still requiring compliance from the suspect.
8.6 Bail from the Court: Bail Act 1976
Conditions for Bail Decisions
  • Courts consider:
    • Nature and seriousness of the offence,
    • Character and community ties of the accused,
    • Past record of both bail and criminal history,
    • Strength of existing evidence.
  • New legal standards mandate bail be granted for non-imprisonable offences barring sufficient grounds against it.
Conditions Imposed on Bail
  • Courts can enforce conditions akin to police stipulations, like:
    • Residing at a designated address,
    • Reporting to police stations,
    • Surrendering documents (like passports).
8.7 Factors Affecting Bail
Sureties
  • Sureties act as guarantees, where needed, for bail grants—tracking payments conditioned to the accused’s attendance at hearings.
Special Considerations
  • Strict guidelines limit bail availability for repeat offenders charged with grave crimes (e.g., murder, sexual offences).
  • The status of those on bail committing subsequent offenses invokes stricter responses under the law.
Conclusion
  • The examination of these criminal justice processes establishes a significant framework governing the operations of criminal courts, ensuring fairness and legal precision at every procedural stage.