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Research into Criminal Hearing Procedures in Britain 2014.

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Presentation on theme: "Research into Criminal Hearing Procedures in Britain 2014."— Presentation transcript:

1 Research into Criminal Hearing Procedures in Britain 2014

2 contents 1. What is the hearing? 2. Types and Forms of Criminal Hearing Procedure in Britain. 3. How to learn? 4. Conclusion

3 There is a big difference between British prosecutors and Chinese prosecutors.

4 Compared with the Crown Prosecution Service, China’s procuratorate performs the functions of legal supervision and investigation of crimes by taking advantage of duty besides prosecution. Under the Constitution, it is a judicial authority like the Court.

5 The hearing informal, adversarial and juridical 1. What is the hearing?

6 In many cases, no oath will be administered, and hearsay evidence can be considered the stricter disclosure rules for the ordinary courts may not be applied. What is the hearing?

7 the parties will give written and oral evidence and their witnesses may be cross-examined (asked questions by the other party) to test their evidence against the other party's case The Tribunal will then hear closing arguments (submissions) from both parties, and make its decision.

8 It supervises decisions and execution of compulsory medical treatment It supervises the legality of decisions and execution of residential confinement at a designated residence It supervises temporary execution of a sentence outside of jail It supervises cases of death sentence execution and review

9 It supervises decisions and execution of compulsory medical treatment It supervises the legality of decisions and execution of residential confinement at a designated residence It supervises temporary execution of a sentence outside of jail It supervises cases of death sentence execution and review

10 2. Types and Forms of Criminal Hearing Procedure in Britain B. Detention hearing C.Newton hearing D. Post-trial hearings A. Pre-trial hearing

11 Types and Forms of Criminal Hearing Procedure in Britain A. Pre-trial hearing , including : Early guilty plea hearing Preliminary hearing Plea and case management hearings, etc.

12 Types and Forms of Criminal Hearing Procedure in Britain B. Detention hearing, including : Pretrial detention hearing Bail hearing.

13 Types and Forms of Criminal Hearing Procedure in Britain C. The evidence hearing during trial—Newton hearing.

14 Types and Forms of Criminal Hearing Procedure in Britain D. Post-trial hearings—Confiscation hearing.

15 Types and Forms of Criminal Hearing Procedure in Britain These hearings seem to have such functions:

16 Types and Forms of Criminal Hearing Procedure in Britain Firstly, the hearing has the function of going through procedures to further promote litigation service.

17 Types and Forms of Criminal Hearing Procedure in Britain Secondly , the hearing has the function of dispute resolution to resolve non-essential litigation disputes.

18 Types and Forms of Criminal Hearing Procedure in Britain Thirdly, the hearing has the function of litigation management to make necessary preparation for successful trial.

19 Types and Forms of Criminal Hearing Procedure in Britain Fourthly, the hearing has the function of substantive adjudication to solve the substantive problems other than conviction and procedural problems.

20 Firstly, the neutrality of the host of the hearing. Secondly, contradiction of participants of the hearing. Thirdly, the procedure of content of the hearing. Fourthly, the flexibility in application of hearing. Fifthly, the adequacy of preparation for the hearing.

21 3. How to learn 1. Prosecutors in china have a special status in the criminal proceedings, especially the responsibility to review and decide on detention, so it is necessary for China to learn something good from the hearing procedures in Britain.

22 How to learn 2. The current criminal procedure law has expanded the criminal defense and legal aid which now can be applied during the investigation stage, so it is feasible for China to learn something good from the hearing procedures in Britain.

23 How to learn 3. The main suggestions on criminal hearing review conducted by the Chinese prosecutor are as follows: Firstly, the following basic principles of criminal hearing procedure shall be established: the principle of openness the principle of adversary the principle of convenience the principle of effectiveness

24 How to learn Secondly, the prosecutor shall be appointed as the host of hearing before prosecution.

25 How to learn Finally, the hearing system shall be established with the focus on the detention hearing

26 Conclusion There are some aspects which can be closely linked and learned among any kinds of litigation system in line with the rule by law.

27 Conclusion The hearing system, originated from the British judicial practice, has been widely used in legislative, administrative and other fields of various countries. It worth our careful study and learning.

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