Criminal Courts

English Legal Method Overview

Introduction

Course: English Legal Method IInstructor: Belkis SahinogluAcademic Year: Fall 2024 - 2025

Post-Midterm Timetable

Important Dates:

  • 09.12.24 - Criminal Court Structure

  • 16.12.24 - Precedent

  • 23.12.24 - Tutorial

  • 30.12.24 - Statutory Interpretation

  • 06.01.25 - Review

  • 13.01.25 - Final Exam

Criminal Court Structure

Contents

  1. Categories of Criminal Offences

    • Summary, Indictable, Triable Either Way

  2. Courts

  3. Criminal Jurisdiction of Magistrates and Crown Court

  4. Appeal Routes

  5. Types of Sentence and Determination

  6. Plea Bargaining

Pre-Prosecution Procedure

Initial Steps

  • Complaint/Investigation: The criminal process begins with either a formal complaint by a victim or a police-initiated investigation.

  • Arrest: Arrest can occur under various legislations, including Common Law or via warrant.

    • Individuals must be taken to a police station.

    • A suspect must be either charged with a crime or released within 24 hours of their arrest.

    • Under certain circumstances, the time for holding a suspect can be extended up to 96 hours with court approval.

    • Notably, in Northern Cyprus, individuals must be charged within 24 hours or presented before a judge for a briefing on extended detention.

Decision Making Changes (Post-1986)

  • Prior to 1986, police had the authority to decide whether to pursue prosecutions. Currently, this responsibility has shifted to the Crown Prosecution Service (CPS).

  • The CPS can decide to prosecute independent of a victim's complaint, which represents a significant change in practice.

  • It’s important to note that in jurisdictions such as Turkey and Northern Cyprus, a formal complaint is mandatory for certain serious crimes (e.g., sexual assault).

  • The CPS evaluates numerous factors when deciding to prosecute, including the strength of evidence and public interest.

Alternatives to Prosecution

Legislation Reference

  • The alternatives to prosecution are governed by several acts including the Crime and Disorder Act 1998, Criminal Justice Act 2003, and the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

  • Options for non-criminal charges:

Caution: Available for individuals over 10 years of age, usually given for minor offences like vandalism (e.g., graffiti).

  • Penalty Notice: Issued to adults (18 and older), such as fines for minor infractions like shoplifting.

Categories of Criminal Offences

Summary Offences

  • Summary offences are defined as less serious violations of the law and are typically tried in the Magistrates' Courts.

    • Examples include minor traffic offences, assaults causing minor injury, cruelty to animals, minimal property damage (below £5,000), and public disturbances.

Indictable Offences

  • These are more serious criminal offences that are tried in the Crown Court.

    • Examples include murder, manslaughter, serious sexual offences (e.g., rape), robbery, and substantial property crimes.

Triable Either Way Offences

  • These offences can be tried as either summary or indictable, depending on the case's severity.

    • Examples include theft, certain drug offences, aggravated vehicle taking, and more serious assaults.

    • The determination of whether these cases are tried summarily or indictably is based on the magistrate’s consideration of the defendant’s plea and the appropriateness of the trial venue.

Deciding Between Summary and Indictable

Magistrates' Procedure

  • Magistrates play a crucial role in establishing the defendant's plea, which ultimately influences the route of prosecution.

  • Factors considered for determining the appropriate trial route include the nature of the alleged offence and whether the proposed punishment aligns with the severity of the crime committed.

Bail

Definition and Conditions

  • Bail refers to the conditional release of an accused individual while they await trial.

    • Bail conditions strike a balance between the suspect's liberty and the need for community safety.

    • Conditional Bail may entail specific stipulations, such as regular reporting to authorities and abstaining from contact with alleged victims or witnesses.

    • Bail is often denied for severe charges (e.g., murder) where the risks associated with release outweigh the defendant's rights.

Prosecution Procedures

Court Jurisdictions

  • The Magistrates' Court primarily deals with summary offences and has limited sentencing powers; serious cases may be referred to the Crown Court.

  • The Crown Court has jurisdiction over more serious cases that involve indictments and appeals from lower courts' decisions.

Sentencing Powers

  • Magistrates have limited sentencing capabilities, typically imposing sentences of up to 6 months for a single offence and a total of 12 months for multiple offences. They may also impose community sentences and fines.

    • Post-2015, fines have the possibility of being unlimited in many cases.

  • Crown Court holds broader sentencing powers, including heavy prison sentences for serious crimes, and has responsibilities relating to indictable offences, triable either way cases, and appeals from Magistrates' court convictions.

Appeal Structure

Initial Appeals

  • Summary Cases: Appeals to the Crown Court are feasible under specific conditions; appeals need to be filed within a timeline of 21 days and can contest both the conviction and sentence imposed.

  • Indictable Cases: Appeals from the Crown Court to the Court of Appeal require prior permission and can generally be based on challenges to conviction or sentencing decisions.

Sentencing Types

Sentences Overview

  • Discharge: No further penalty is applied aside from a conviction recorded.

  • Fines: Commonly imposed for less severe offences and adjusted based on the defendant’s financial status and means.

  • Community Sentences: Include orders for unpaid work or rehabilitation measures aimed at addressing offender behaviour.

  • Prison Terms: Imposed as custodial sentences for more severe crimes, especially for repeat offenders.

  • Suspended Sentences: Conditional sentences that defer imprisonment pending adherence to specified conditions.

  • Detention and Training Orders: Specifically applied for offenders aged 12 to 17 years to focus on rehabilitation in custody.

  • Ancillary Orders: Additional requirements imposed by the court, such as offender compensation to victims or restrictions like bans from certain areas.

Factors Influencing Sentencing

  • Courts consider several factors when deciding the appropriate penalty, including the crime's seriousness, its impact on victims, the defendant’s criminal history, and the possibility of rehabilitation.

  • Sentencing guidelines and frameworks are meticulously followed to ensure fair and consistent outcomes.

Plea Bargaining

Legal Framework

  • Section 144 of the Criminal Justice Act 2003 outlines specific provisions that allow courts to reduce sentences for early guilty pleas.

  • The balancing act for prosecutors and defence is to maximize the benefits of efficiency for the legal system while ensuring justice for victims is not compromised.

  • Reduction scales apply to early plea indications to encourage such admissions, ultimately benefiting the legal process as a whole.

Conclusion

The English Legal Method is a comprehensive field that encompasses various procedures, offence categories, court jurisdictions, and sentencing frameworks, forming a foundational component essential for understanding the structure and function of English law as well as its procedural and substantive dimensions.