A Day in a Criminal Court Unit 10

Criminal law Criminal law the part of law concerned with the punishment of offences defined as crimes by the law. Offences can be directed against: - a person, - property, - the State and public order.  One can seek protection through the criminal court (family violence, stealing)  intervention of the police who bring the charge.

„Roles” in the criminal procedure - THE CROWN – i.e. the state e.g. R v Collins – the Crown against Collins R stands for ‘Regina’, i.e. ‘Rex’, latin: Queen or King - DEFENDANT – the person being prosecuted, the alleged criminal - the STATE is the prosecutor, has interest in fighting crime - the STATE is the prosecutor, has interest in fighting crime - the POLICE investigate a crime, apprehend suspects and detain them in custody, criminal justice is administered with the help of the police - the POLICE investigate a crime, apprehend suspects and detain them in custody, criminal justice is administered with the help of the police

STANDARD OF PROOF in criminal trials, the burden of proof is on the prosecution, who, unlike in civil trials, must prove guilt beyond reasonable doubt in criminal trials, the burden of proof is on the prosecution, who, unlike in civil trials, must prove guilt beyond reasonable doubt Criminal proceedings

Hierarchy of criminal courts Supreme Court Court of Appeal (Criminal Division) Crown Court Magistrates’ Court -the first instance for more serious cases making an appeal

There are three categories of criminal offence in the UK: There are three categories of criminal offence in the UK: 1. Summary offences (or petty crimes) least serious criminal offences; triable in magistrates’ courts; jury trial not available least serious criminal offences; triable in magistrates’ courts; jury trial not available 2. Indictible offences most serious offences, triable in the Crown Court; more severe penalties are available: trial by jury most serious offences, triable in the Crown Court; more severe penalties are available: trial by jury 3. Triable either way criminal offences triable either in magistrates’ court or in the Crown Court criminal offences triable either in magistrates’ court or in the Crown Court Categories of criminal offence

95% of criminal cases are categorized as summary offences and dealt with by magistrates’ courts 95% of criminal cases are categorized as summary offences and dealt with by magistrates’ courts these offences include: traffic violations, drunk and disorderly behaviour, assaults, minor criminal damage cases, cases prosecuted by government departments or agencies these offences include: traffic violations, drunk and disorderly behaviour, assaults, minor criminal damage cases, cases prosecuted by government departments or agencies if the defendant pleads guilty upon being charged, court appearance is avoided if the defendant pleads guilty upon being charged, court appearance is avoided ‘No case to answer’ also available ‘No case to answer’ also available Summary offences

serious offences, such as rape, murder, fraud etc. serious offences, such as rape, murder, fraud etc. trial by indictment – the Crown Court – before a jury trial by indictment – the Crown Court – before a jury pre-trial legal argument stage – beneficial for the accused because the case can be dismissed before trial due to unreliable evidence or witnesses pre-trial legal argument stage – beneficial for the accused because the case can be dismissed before trial due to unreliable evidence or witnesses the judge has to assess whether the evidence is sufficient for a possible conviction by jury the judge has to assess whether the evidence is sufficient for a possible conviction by jury if a ‘not guilty’ plea is entered, and the evidence is considered reliable, the case proceeds to trial if a ‘not guilty’ plea is entered, and the evidence is considered reliable, the case proceeds to trial Indictable offences

these offences include theft, drug offences, some acts of violence against the person these offences include theft, drug offences, some acts of violence against the person the defendant given the option to select the mode of trial – summary trial or trial on indictment in the Crown Court (before a jury) the defendant given the option to select the mode of trial – summary trial or trial on indictment in the Crown Court (before a jury) they must be well informed of the procedures and possible penalties for each of the modes they must be well informed of the procedures and possible penalties for each of the modes the court may, on the other hand, deem the case too complex or serious and refer it to the Crown Court, seeing as more severe penalties are available there the court may, on the other hand, deem the case too complex or serious and refer it to the Crown Court, seeing as more severe penalties are available there Triable either way

Available sentences 1. a discharge (conviction without punishment) 2. a fine 3. a community service order (doing unpaid work, receiving treatment for addictions, rehabilitation programmes, supervision) 4. a custodial (prison) sentence 5. a suspended prison sentence (probation) - prison sentence activated only if the convict reoffends within a certain period of time

Magistrates’ Courts (formerly the police courts) - presided by magistrates or justices of peace (usually three lay magistrates, assisted by a clerk who advises them on legal points) (usually three lay magistrates, assisted by a clerk who advises them on legal points) - (nominated by local advisory committees and appointed by the Lord Chancellor), no professional legal training but course attendance - (nominated by local advisory committees and appointed by the Lord Chancellor), no professional legal training but course attendance - presided by stipendiary magistrates in large cities. They can sit alone. - (barristers; at least seven years of work experience) - (barristers; at least seven years of work experience)

Crown courts - higher courts deal with more serious cases - presided by a judge (sometimes assisted by local magistrates) - presence of barrristers - juries decide about questions of facts - judges decide about questions of law and decide the sentences.

Connect legal terms with their definitions. to bring the charge podnijeti prekršajnu prijavu The judgement pronounced in a civil or criminal proceeding. to plead guilty priznati krivnju To deliver judgement; to give one’s opinion. sentencekazna To accuse of a crime. to pronounce izreći, proglasiti To issue a probation order, a person is under the supervision of a probation officer for a period from one to three years. to put on probation pustiti uvjetno na slobodu To confess liability or guilt.

Expressions from case descriptions. to fine to fine a fine a fine to accuse / be accused of...-ing (stealing) to accuse / be accused of...-ing (stealing) to admit one’s guilt to admit one’s guilt to defer sentence for a period of time to defer sentence for a period of time to make / lodge a complaint to make / lodge a complaint to corroborate evidence to corroborate evidence to commit to a higher court to commit to a higher court a committal a committal

Examples: case 1 the accused: drunks picked by the police - quickly solved formalities - they plead guilty - they are fined

Read and analyse the case 2 Who is involved? What did the accused do? What do the magistrates ask the guilty? What is the final decision of the magistrates?

Describe the case 3 The third case is an example of... The court has to decide... Both sides have... The accused has assulted the policeman by... The final decision of the magistrates is to...

COMPARING CIVIL & CRIMINAL CASES CIVILCRIMINAL PARTIES1.prosecutor (usually the state) 2.Defendant 1.claimant (injured party) 1.Defendant PURPOSE- to prosecute and punish an offender for a crime committed - to prove GUILT - to obtain a remedy for a wrong committed - to establish LIABILITY STANDARD OF PROOF - beyond reasonable doubt- balance of probabilities REMEDIES 1. non-custodial sentences fine (paid to the state) community service 2. custodial sentence (imprisonment) 1.damages (compensation for damage/injury/loss, paid to the claimant) 2.injunction (prohibition of harmful conduct)