Criminal Justice System


The criminal justice system is the way that laws are upheld- the process by which suspected criminals are processed through the courts. It’s referred to as the ‘personification of the state.’


Rule of Law- legal certainty (laws must be written in a way that is understood) a person’s guilt should only be established through the ordinary trail process.


All laws must be freely available to all members of the public.


Cannot create retrospective legislation- meaning laws can’t be put in place to prosecute something that has already happened before the law was put in place.


Due process means a person can only be convicted if there’s substantial and sufficient evidence of their guilt. If due process isn’t followed then the case can be thrown out. (FR- Tom Bingham’s Rule of Law)


The Police and Criminal Evidence Act 1984- make flashcards!

CIPA 1996- make flashcards!

Burden of Proof!- beyond reasonable doubt (~95+%) or reasonable probability for civil cases (>50%)

PACE 1984

Hearsay evidence

Crime timeline…

1- crime occurs and is reported to police

2- police investigate

3- suspect identified

4- police consult with CPS (or make decision themselves)

5- CPS decide if there is a realistic prospect of conviction or if it’s in the public’s best interest

6- suspect charged or summoned to court

7- suspect pleads guilty or has a trail at court and found guilty

8- suspect sentenced

9- HM prisons or Probation Service oversee punishment


First hearing of any case is at a magistrate’s court- plea hearing or simple remand.

If a suspect pleads guilty on the first instance then their sentence will be reduced.


CPS- Crime Prosecution Service

        >Likelihood of a conviction

        >Is it in the public’s best interest

Helps to save time in court so less cases will be thrown out. They look at the criminal evidence threshold.


3 Types of Offences…

    >Summary only Offences (tried in magistrate’s court and usually low level like traffic offences)

    >Either way Offences (can go to crown or magistrates court)

    > Indictable Only (crown court)


Duty of Disclosure states that all evidence must be presented to the CPS or cases will likely get thrown out.


Powers of the Magistrates Court…

  • can remand offenders in prison until trail

  • can send offenders to crown court for trail

  • give sentences of:

        -up to 6 months imprisonment

        -or 12 months for 2

        -unlimited fines

        -other orders



Types of courts…

  • magistrates court

  • youth court

  • crown court

  • coroners court

  • appeal court

  • supreme court

  • European courts


Magistrates are members of the public 18-70 that deal with less serious offences and do not require any legal training. 14,000 people.


Crown v Turnball 1976 - My Cousin Vinny film


Hearsay evidence is information from a 3rd party and is not allowed in court unless it is a dying declaration or said directly to the offender.


A plea of mitigation is when the suspect has pled guilty and the solicitors try to give reasons to the court why they should not go to prison.