Criminal process

• All criminal cases start where?


  Magistrates Court- It's the lowest court that deals with the lowest category of offences. There's 300+ courts in the UK and they're run by volunteer judges (magistrates) who are ordinary people. This is a permanent position and the selected sit on a bench of 3.
• Crown Court


  For serious offences so a judge whose legally qualified will sentence and a jury of 12 people will decide if the Defendant is guilty or not guilty.
• Court of Appeal (crim)


  No trials are held here, only appeals where D can appeal against conviction and/or their sentence.
• Supreme Court


  Only hears appeals on a point of law of general public importance
• What is the principle from the magna carta that means we use a jury of 12?

  Trial by your peers
• The criminal process

  1. The suspect is arrested, detained and questioned
  2. They're released on bail if there's not enough evidence but if there is the police present it to the CPS who decide they want to prosecute.
  3. When it's decided D is officially charged (meaning he's accused legally) he must appear at the Magistrates Court. If he pleads guilty he is sentenced or they adjourn for pre-sentence reports (because sometimes things need to be considered eg if they're an only parent) OR they're referred to Crown Court for sentencing if they believe the sentence will be more than a year.
• The criminal process- if D pleads not guilty

  4. If it's a summary offence D appears in Magistrates for an early administrative hearing. If the offence is triable either way, 'mode of trial' proceedings occur where the Magistrates either accept the jurisdiction or refer them to the Crown. If they accept it's up to D's election if they want to proceed with Magistrates or Crown- this is called the Defendants Election. If the offence is indictable it will be tried in Crown an have an early administrative hearing.
• Summary offence

  • minor offences
  • Magistrates court
  • Unlikely to result in a prison sentence
  • Likely to result in a discharge, fine or community sentence
  • eg- driving offences, most drug possession, assault, battery, criminal damage
• Triable-either-way offences

  • Middling offences
  • Tried in either Magistrates or Crown
  • Could result in any type of sentence
  • eg- s20 GBH (unintended), ABH, theft
• Indictable offences

  • Serious offences
  • Crown court
  • Likely to result in prison time
  • eg- death by dangerous driving, GBH s18 (intended), murder, rape, terrorism, kidnapping, burglary, manslaughter, robbery
• The start of the court process

  1. Plea before venue- D enters a plea of guilty or not guilty
  2. Guilty- D has no right for the case to be heard at Crown
  3. Not guilty- 'mode of trial' carries out
  4. If magistrates accept- s19 of the Magistrates Court Act 1980 states they must consider the nature + seriousness of the case and their own powers of punishment. Complex questions of law and fact must be sent to the Crown Court.
  5. If they accept in a triable-either-way case D has the right to choose where they're tried- Defendant's Election.
• How are D's advised to choose trial when they have Defendant's Election?

  A Jury might be more favourable and professional judges, the jury of 12 is more fair as there's more people. On the other hand at Magistrates there's only sentences of up to a year- but the case could be redirected. The Magistrates are ordinary people and there's only 3.