Criminal Procedure

The criminal court system

1) Supreme court.
2) Court of appeal (criminal division).
3) High court (King’s bench division, only deals with facts and is rare to be used for appeals).
4) Crown court.
5) Magistrates court.

The English Court system

  • The burden of proof remains on the prosecution (this is to respect article of the European Convention of Human Rights - this protects the right to a fair trial).

  • In England and Wales, the court adopts an adversarial system (this is where there are two sides arguing) with a judge as umpire;

The Prosecution

  • The Crown Prosecution Service (CPS) generally manage prosecution.

  • The CPS then advise whether there is sufficent evidence to prosecute:
    - A realsitic prospect of conviction.
    - It is in the public interest to prosecute.

  • Once the case comes to court, CPS lawyers, or lawyers instructed by the CPS, will then attempt to prove the defendant (D) is guilty of an offence.

The Defence

  • Known as the defendant.

  • D, or their lawyers, are required to prove nothing - D can simply do nothing.

  • However, usually D, or D’s lawyers, will attempt to cast sufficent doubt on the prosecution’s case.

Juristriction of the Magistrate’s court

  • 160 of these in England and Wales.

  • Local.

  • Try all summary offences (to be tried summarily means without a jury).

  • Try some triable either way offences.

  • Deal with perliminary matters.

  • Try cases in the Youth Courts (for those aged between 10-17).

  • Cases are heard by three law magistrates (Aka, Justices of the peace) or a District judge (magistrates) with no jury.

  • Limited sentencing power.

Juristriction of the Crown Court

  • Sits in around 84 locations.

  • Deals with indictable offences.

  • Deals with more complex triable either way offences.

  • Trial Judge (TJ) sits alone for pre-trial matters or where D pleads guilty to sentence.

  • If D does not plead guilty, TJ:
    - Controls the court.
    - Decides points of law.
    - Directs juries on the law and evidence.
    - Sentences those who are found guilty by the jury.

  • Unilmited sentencing power.

Three types of offence

Sumary offences:

  • The least serious offences which are always tried in the magistrates courts; i.e. being drunk and disorderly ot criminal damage under £5,000.

Triable either way offences:

  • Can be heard in either the magistrates or the crown cout.

  • Magistrates will decide if they can hear it first, if so:

  • D the gets gets the choice of whether to be tired in magistrates or Crown court (this is known as defendant’s election).

  • In the event D, elects to be tired at magistrates, but magistrates do not feel they have sufficent sentencing power it will be sent to the Crown court for sentencing (known as committal for sentence).

  • If the magistrates refuse to hear the case it will be moved to the Crown court.

Indictable offences:

  • The most serious offences. These will always take place in the Crown court.

  • All preliminatry matters are heard in the magistrates court.

  • If D pleads guilty the crown court will sentence them.

  • If D pleads not guilty, then a jury will determing guilt.