The English Legal System - Criminal Process

 Classification of criminal offences & pre-trial procedure

Welcome to the second blog! This blog is going to an introduction into the English Legal System, specifically the classification of criminal offences and pre-trial procedures. I hope you enjoy and find the most relevant information for your studies!

Classification of criminal offences

Summary offences (the least serious offences) - these are only tried (passed judgement on) in the Magistrates' Court. The Magistrates' Court only have the jurisdiction (power) to pass an imprisonment sentence of up to 6 months. 

Examples of summary offences are common assault, criminal damage which has caused less than £5,000 in damage and shoplifting where the value of goods is less than £200.

Triable-either way offences - these are tried at either the Magistrates' Court or the Crown Court (more information on this procedure later). 

Examples of triable-either way offences are theft (max. sentence of 14 years) and assault causing actual bodily harm.

Indictable offences (the most serious offences) - these are only tried in the Crown Court. Indictable cases are initially seen in the Magistrates' Court where a decision is made on bail however then progresses to the Crown Court where the Defendant is tried or sentenced. 

Examples of indictable offences are murder, manslaughter and rape. 

Pre-trial procedures

The majority of criminal prosecutions are brought to the courts by the Crown Prosecution Service. The first hearing of all cases, regardless of category, is at the Magistrates' Court. 

There are four roles of the CPS. These are:

    - to decide which cases should be prosecuted

    - determines the appropriate charges 

    - prepares cases and presents them in court

    - provides information, assistance and support to victims and prosecution witnesses

How does the CPS decide whether to prosecute of not?

The evidential stage - the Crown Prosecutor must be satisfied that there is enough evidence to provide a "realistic prospect of conviction" against each Defendant on each charge. They must also consider what the defence case may be and how it will affect the prosecution case. 

The public interest stage - if the public could be affected by this case, if the interests are in the eyes of the prosecution and outweigh the defence, then the case should be tried.

If the CPS does decide to prosecute then the procedure will be different depending on the type of offence someone is being charged with.

Summary offences procedure

    1. The Defendant appears in the Magistrates' Court.

    2. Legal representation is provided unless the Defendant has their own.

    3. The Defendant pleads guilty or not guilty.

    4. If D pleads guilty then the Magistrates' will sentence however if D pleads not guilty then the trial will start immediately or set for a later date.

    5. If a date is set, then the Magistrates will decide whether D is released on bail or remanded in custody.

Triable-either way procedure

    1. The Defendant appears in the Magistrates' Court.

(As either way offences can be tried or sentenced in either court there must be a hearing that helps to decide this).

    2. If the Defendant pleads guilty then there will be a hearing called a Plea before venue  - the Magistrates' will decide on sentence or if they feel their powers of sentencing are not enough, they will send the case to the Crown Court (they would still need to decide bail for this).

    3. If the Defendant pleads not guilty then there will be a Mode of trial where the Magistrates' will decide whether they have the jurisdiction to try the case in the Magistrates' Court or pass jurisdiction to the Crown Court - if the Magistrates' believe that they have enough jurisdiction then there will be a Defendant's Election where the Defendant has the right to choose trial by jury.

Indictable procedure

    1. The Defendant appears in the Magistrates' Court.

    2. Issues like legal aid will be dealt with but then the case will automatically be sent to the Crown Court who will deal with any other case management and pre-trial issues. 

    3. Bail will then be decided. 

Bail

Being released on bail means being granted your freedom until the next stage of the case. The opposite is being remanded in custody. 

The Bail Act 1976 says that everyone is entitled to bail unless it is believed that the D would:

    - fail to attend court

    - commit an offence while on bail

    - interfere with witnesses

    - for the D's own protection

I hope this easily and efficiently explains the classification of criminal cases and the process that cases go through from beginning to acquittal or conviction. Next week I will explain sentencing, types of sentencing and sentencing factors :)

Until next time...

Lawology