criminal justice system

• Types of offences

  .Indictable offence (most serious type of offence) - Tried in the crown court only. Examples are murder, rape, and GBH S.18.

  .Summary offence (least serious type of offence) - Tried in the magistrates court. Examples are parking offences, assault, battery and littering.

  .Either way offence - Can be tried in either court depending on the seriousness of the case. Examples are theft, criminal damage, ABH, and GBH S.20
• Procedure

  .1) Charge - CPS decides what charge, and then whether to prosecute. This procedure takes place after the police have arrested and interviewed someone. 

  .2) Venue - Where will the defendant be tried ?

  .All cases go to the Magistrates court first for the early administrative hearing which is where evidence and paperwork is checked
• magistrates court .

  The magistrates (justices of peace) have been around since the 1300s.

  .They deal with summary offences

  .They are unpaid, unqualified, part-time volunteers

  .They have little to no legal knowledge or training 

  .They sit in beaches of three

  .Each bench has a legal advisor to advise them on law, policy and procedure.

  .District judges also sit in the magistrates court. They are fully qualified, full time paid magistrates judges. They have the same role as a magistrate but do not require a clerk. They deal with the most complex magistrate cases.
• Magistrates jurisdiction of summary offences .

  Only summary offences or non serious either way offences are dealt with by magistrates

  .They have the jurisdiction to give a maximum of 6 months in prison (or 1 year for 2 summary offences)

  .They have the jurisdiction to give a maximum fine of £5000 (although it can be unlimited for certain offences like pollution and harassment under S.85 LASPO Act 2012. 
• Factors a judge will consider in sentencing .

  .Seriousness

  .Harm caused

  .Blame

  .Previous convictions

  .Personal circumstances
• Magistrates jurisdiction in indictable offences .

  For an indictable offence, the magistrates must transfer the case to the crown court as its beyond their jurisdiction.

  .The magistrates court can deal with the early administrative hearing for indictable offences which is where evidence and paperwork is checked.

  .The magistrates will not ask the defendant if they plead guilty or not guilty but must transfer it it the crown court which is known as transfer proceedings. 
• Magistrates jurisdiction in eitherway offences

  The case will start off at the plea before venue where a hearing takes place in the magistrates court where the defendant will plead guilty or not guilty. 

  .If the defendant pleads guilty they will go straight to sentencing at the Magistrates court. 

  .However, if it is a serious either way offence it will be transferred to the crown court as it's beyond the magistrates jurisdiction to sentence the defendant.

  .If the defendant pleads not guilty the mode of trial hearing will take place which is where it's decided which court the case will go to.
• crown court

  .Criminal cases follow an adversarial system. - two conflicting sides and has a public gallery

  .Less than 3% of all cases are serious enough to be heard in the crown court

  .They have the jurisdiction to give an unlimited fine

  .It has the jurisdiction to give up to life imprisonment

  .All indictable offences are heard here and the most serious either way offences.

  .All trials will be with a jury
• Types of verdict

  .12-0 = unanimous verdict

  .11-1 or 10-2 = majority verdict 

  .9-3 or below = hung jury (the defendant will be acquitted)
• crown court procedure

  .Prosecution presents their argument first (burden of proof) called the examination in chief. Then the defence can cross-examine any witness. At this stage, the prosecution can ask to re-examine their witness. The defence then presents their evidence to rebut the prosecution's case and then the prosecution does the same.The prosecution then gives their closing statements followed by the defence. The judge will the summarise the law for the jury. The jury (12 jurors) will then retire to the jury room to deliberate their verdict