Pre-trial Procedure and CRIMINAL CASES

Prior to these lessons you should have read and précised Chapters

12 and 13 of ‘The English Legal System’

by J. Martin

Produced by, and copyright of Dr Peter Jepson - law@peterjepson.comEdited by Lisa Incledon

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.

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.

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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?

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.

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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 questionon Pages 163 and 180 of ‘The ELS’