Criminal Process

• The criminal system is used to punish those who break the law
• Prosecution


  Person bringing the case
• Defendant


  Person defending themselves
• Standard of proof


  Beyond all reasonable doubt
• Prosecution is seeking


  Sanction (prison, compensation etc.)
• Criminal Court Hierarchy


  • Supreme Court
  • Court of Appeal
  • Crown Court
  • Magistrates Court
  • European Court of Human Rights
  • Privy Council
• Suspects are innocent until proven guilty – their Article 6 ECHR right to a fair trial should be upheld, and the courts have a duty under the Human Rights Act 1998 to make sure this happens
• Every case starts in the Magistrates Court, even if it is only for the official passing over to the Crown Court. This is known as the early administrative hearing. This hearing considers legal funding, bail and legal representation
• The Criminal Procedure Rules 2013 govern the pretrial and trial process for England and Wales
• Magistrates Court – Mode of Trial


  1. Triable either way offences – defendant can insist on jury trial, otherwise it is up to the Magistrates

  2. Seriousness of the case

  3. Their sentencing powers

  4. Since 1996 – they must take into account the defendant's plea

  5. Criminal Justice Act 2003, Sched.3 – magistrates will be told of defendant's prior convictions when deciding mode of trial
• Sending for Trial


  The process outlined in Section 51 of the Crime and Disorder Act 1998 is a procedure in the criminal justice system of England and Wales for transferring indictable criminal cases from a Magistrates' Court to a Crown Court for trial.
• Pleas


  1. Criminal Procedure Rules 2005 – introduced plea and case management hearings

  2. Aim: to encourage early preparation of cases and reduce 'cracked trials'

  3. Hearings held in open court, defendant present, enter a plea – process known as the 'arraignment'

  4. If guilty plea – proceed to sentence

  5. If not guilty, prosecution and defence identify the key issues
• Role of the Crown Court


  • The Crown Court hears serious, indictable cases such as rape, murder, manslaughter and robbery
  • Trials in the Crown Court are heard before a judge and a jury
  • There are 77 court centres across England and Wales, for example Winchester Crown Court and Guildford Crown Court
  • To try serious, indictable criminal offences such as murder, rape and robbery. Where the defendant pleads guilty, there will be no need for a jury; the judge will sentence
  • To carry out jury trials for the most serious offences, where the defendant has pleaded not guilty
  • To hear appeals from Magistrates' Courts; these will usually be summary offences
  • To sentence defendants from the Magistrates' Court where the defendant has had their trial there but the magistrates have passed the case to the Crown Court to sentence because a sentence greater than their powers is required
  • The Police, Crime, Sentencing and Courts Act 2022 (PCSC) modernised the delivery of criminal justice by encouraging greater use of technology in courts, where appropriate
• Plea Bargaining


  Negotiations between the prosecution and defence e.g. defendant. If agreed to could plead guilty to a lesser charge
• Plea bargaining very common in US and now in the English system
• R v Turner (1970)


  Judges not allowed to get involved in plea bargaining
• R v Goodyear (2005)


  Defendant can request an indication from the judge as to likely sentence if they plead guilty
• The Trial Process


  1. In both the Magistrates' and Crown Courts, the burden of proof lies with the prosecution, who have to prove beyond reasonable doubt that the defendant is guilty

  2. The procedure in the Magistrates' and Crown courts is essentially the same. However, there is no jury in the Magistrates' Court, and the magistrates are guided on the law by their clerk, as magistrates are not legally qualified

  3. The Prosecution's Case

  4. Determination of whether there is a case

  5. Defence case

  6. Closing Speeches
• Determination of whether there is a case


  When the prosecution has presented all its evidence, the defence can then submit that there is no case to answer; this is where there is not enough evidence to prosecute. If this submission is successful, a verdict of not guilty will be directed
• Defence case


  Defence calls its witnesses to support its case and conducts examination in chief. Prosecution then cross-examines those witnesses
• Closing Speeches


  • Both sides make closing speeches to the jury or magistrates. The prosecution goes first so that the defence has the last say
  • If in the Crown Court, the judge sums up the legal and factual issues, which should be balanced, and offers clear advice for the jury
  • The jury or magistrates retire (leave the court) to aim for a unanimous verdict
  • If the defendant is found not guilty, they are acquitted. If they are found guilty, the judge or magistrates deliver their sentence
• Conviction


  The defendant has been found guilty and the case will proceed to the sentencing stage
• Acquittal


  The defendant has been found not guilty and will go free
• Case stated


  Appeals on the grounds that there has been an error of law, or the magistrates have acted out of their jurisdiction. Can be used by both the prosecution or defence
• Attorney General


  The principal legal officer who represents the Crown or a state in legal proceedings and gives legal advice to the government
• Appeals from the Magistrates Court


  1. Appeal to the Crown Court

  2. Appeal by way of case stated to the High Court (King's Bench Division)

  3. Leapfrog appeal to the Supreme Court
• Appeals from the Magistrates Court


  • Automatic right of appeal to the Crown Court for the defence if they pleaded 'not guilty'
  • Appeal must be lodged within 28 days
  • Appeal against sentence - Crown Court can impose any sentence the magistrates could have given
  • Appeal against conviction - heard by a judge sitting with two magistrates
• Appeal by way of case stated


  • Can be used by the defendant against a conviction, or by the prosecution if the defendant has been acquitted
  • Based on a mistake being made in the application of the law during the trial
  • High Court (King's Bench Division) can either allow or dismiss the appeal, or re-order a hearing before a new bench of magistrates
• Leapfrog appeal


  • Available from the High Court to the Supreme Court
  • Will only happen if the matter is one of public importance
• C v DPP (1994)

  • Case around the issue of children having criminal responsibility, appealed all the way to the Supreme Court
• Appeals from the Crown Court


  1. By the defence - to the Court of Appeal (Criminal Division), must have leave to appeal within 28 days

  2. By the prosecution - with permission of the Attorney General, can refer a point of law to the Court of Appeal or apply for leave against an unduly lenient sentence
• Appeals from the Crown Court


  • Court of Appeal powers: allow appeal and quash conviction, dismiss appeal, decrease sentence, reduce conviction to lesser offence, order retrial
  • Further appeal to Supreme Court extremely rare, requires leave and is only on legal points of 'general public importance'
• Crown Prosecution Service (CPS)


  The main independent body for prosecutions in the UK, working on behalf of the Crown
• When a suspect is arrested, they are not automatically charged with an offence. For most offences, the decision to prosecute lies with the Crown Prosecution Service (CPS).
• Prosecution appeal against acquittal


  1. To the King's Bench Divisional Court

  2. Under Criminal Procedure and Investigation Act 1996 - retrial can be ordered where jury has been bribed or threatened

  3. Under s.44 Criminal Justice Act 2003 - judge only trial where risk of jury tampering or bribery
• CPS was established - prior to this police made all charging decisions

  1986
• Director of Public Prosecutions (DPP)


  Heads the CPS and is answerable to the Attorney General
• Appeals from the Crown Court are the most common route of appeal by the defence against conviction and/or sentence
• In 2016, 146 cases out of 190 applications had their sentences increased after the Court of Appeal found their sentences to be unduly lenient
• History of the CPS

  1. 1970: Justice Report identified problems with police making prosecution decisions

  2. 1978: Phillips Royal Commission recommended establishing an independent agency to take charge of prosecuting

  3. 1985: Prosecution of Offences Act established the CPS