Transcript CRIMINAL CASES

Pre-trial Procedure and
CRIMINAL CASES
Produced by, and copyright of Dr Peter Jepson - [email protected]
Edited by Lisa Incledon
Prior to these lessons
you should have read
and précised Chapters
12 and 13 of ‘The
English Legal System’
by J. Martin
In this lesson…
•Check that your mobile is switched
off
•Take notes
•Feel free to ask questions – but raise
your hand first
A key feature
The key thing to recognise it is the
state who is prosecuting - not the
victim.
The police investigate the crime - the
Crown prosecutes the case.
Categories of
Criminal Offences
1. Summary offences – e.g. driving offences,
assault. Always tried in the Magistrates’
Court.
2. What is a ‘triable-either-way offence’?
Give an example.
3. Indictable offences – e.g. murder,
manslaughter, rape. Must be tried at the
Crown Court (though still begin in the
Magistrates Court).
Pre-Trial Procedure
Answer the following questions…
How is it decided where a triable-either-way
offence will be dealt with?
Why is an adjournment usually needed after
D’s first appearance in court?
What is an “early administrative hearing”?
Bail - What is it?
Bail may be granted by either the police
(s.38 PACE) or the magistrates.
The CJPOA 1994 gives the police power to
impose conditions on a grant of bail, such as
asking the suspect to surrender his passport or
requiring a surety from another person.
Bail Act 1976
The key Act – starting with the assumption
that an accused person should be granted
bail.
In deciding whether to grant bail, the court
will consider various factors. Can you list
these?
A court can make conditions for the
granting of bail, similar to the conditions
which can be set by the police.
Amendments to the
Bail Act 1976
The Bail (Amendment) Act 1993 and the
Criminal Justice Act 2003 amended the
1976 Act in attempt to strike the right
balance between D’s civil rights and the
protection of the public.
Summarise these changes … Make sure you
are familiar with these changes.
Activity
Undertake the activity on page 159 of
‘The English Legal System’.
Crown Prosecution Service
Prosecutions brought by the State are
conducted by the CPS.
The head of the CPS is the Director of
Public Prosecutions
Once D has been charged with an offence, the
police role is at an end – the CPS are now
responsible for the case.
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CPS (cont’d)
The CPS must decide whether or not to go
ahead with a prosecution.
The two main factors the CPS will take into
account in deciding this are…
1. The evidential test
2. The public interest test.
Evidential Test
Is there sufficient evidence to provide “a
realistic prospect of conviction” in the case?
CPS will consider the strength of the evidence,
for example by asking themselves whether the
evidence is admissible or unreliable.
Can you think of any circumstances in
which evidence may be inadmissible?
Public Interest Test
Is it in the public interest to continue with the
case?
Was the offence committed against, for example, a police
officer?
Was a weapon / violence used?
Is the court likely to impose only a nominal penalty?
Undertake the activity on pages
161-162 of ‘The ELS’
Magistrates Court
Magistrates have very wide powers in both
civil and criminal matters.
Amongst other things, the court is responsible
for:
Initial hearing of all criminal cases
Trial of summary offences
Granting bail
Licensing jurisdiction
Youth Courts
This is a branch of the Magistrates’ Court
dealing with young offenders aged 10-17.
Sits in private.
The name of any young offender cannot be
published by the press.
The magistrates who sit in these courts have
special training to deal with young
offenders.
Appeals from the Magistrates
Court
The two appeal routes are to the Crown Court
or to the Queen’s Bench Divisional Court.
Crown Court – defence can appeal against
conviction (if pleaded not guilty) and/or
sentence.
QBD – both prosecution and defence
can appeal on a point of law.
An Appeal …
• It is generally the case that you can
only appeal on points of law and not on
the facts of a case.
• What is the difference between fact and
law?
• Can you find/name a case that
illustrates an appeal on a point of law?
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Break into Law Firms…
Jane, 35, is due to appear in the Crown Court
charged with manslaughter.
Each law firm should explain the procedure the
court will follow when dealing with Jane’s
case if she pleads
(i) Guilty;
(ii) Not guilty.
Appeals from the
Crown Court
The rules on appeals are set out in the
Criminal Appeals Act 1995.
D must either get permission to appeal from
the C of A or a certificate from the trial judge.
What are the grounds for allowing an appeal
under the 1995 Act?
Appeals by the Defendant
D may appeal against conviction and/or
sentence to the C of A.
The Court of Appeal can:
Allow D’s appeal and quash the conviction;
Vary the conviction;
Decrease or increase sentence;
Order a re-trial; Dismiss the appeal.
Appeals by the Prosecution
Where D is acquitted, the Attorney-General can
refer a point of law to the C of A – though this
doesn’t affect the acquittal (s.36 Criminal
Justice Act 1972).
A-G can appeal against a lenient sentence under
s.36 Criminal Justice Act 1988. Most of these
cases are brought to his attention by the CPS.
Supreme Court
Case must be certified as involving a point of
law of general public importance (can you
find/give a case example).
Permission to appeal must be given by either the
Court of Appeal or Supreme Court.
It is difficult to obtain permission – very few
criminal appeals are heard by the Supreme
Court.
The CPS
All students should create presentation
notes on the Crown Prosecution Service
(pages 159-163 of ‘The ELS’).
Be prepared to present your notes to
the rest of the class!
Activities …
Plan the OCR examination question
on Pages 163 and 180 of ‘The ELS’