Rules and Theory of Criminal Law Criminal Process

Objectives Explain what is meant by an adversarial system. Explain how offences are classified. Describe the criminal court system. Explain mode of trial. Explain sending for trial. Explain plea and case management hearings. Explain disclosure and plea bargaining. Assess whether plea bargaining should be allowed. Explain the trial process/ procedure. Evaluate the system.

The Criminal Process Models of criminal justice systems Herbert Packer Crime control model Due process model

The Criminal Process Classification of Offences Summary Offences Offences triable either way Indictable Offences

The Criminal Court System Privy Council Supreme Court European Court of Human Rights Court of Appeal Leapfrog procedure High Court (Queen’s Bench Division) Appeal by way of case stated Crown Court Magistrates’ Court

Mode of Trial Triable either way offences – defendant can insist on jury trial, otherwise it is up to the Magistrates How do the magistrates make this decision? Seriousness of the case Their sentencing powers Since 1996 – they must take into account the defendant’s plea Criminal Justice Act 2003, Sched.3 – magistrates will be told of defendant’s prior convictions when deciding mode of trial

Sending for Trial Section 51 Crime & Disorder Act 1998 – ‘sending for trial’ hearing (old committal procedures abolished by the Criminal Justice Act 2003) ‘Sending for trial’ – indictable offences: One appearance in Magistrates to determine e.g. funding of case, bail, use of exhibits and statements. Magistrates provide statement of evidence, notice of the offence(s) and place of trial. Then sent immediately to Crown.

Plea & Case Management Hearings Criminal Procedure Rules 2005 – introduced plea and case management hearings (replaced the old plea and directions hearings) Aim : to encourage early preparation of cases and reduce ‘cracked trials’ hearings held in open court, defendant present, enter a plea – process known as the ‘ arraignment ’ If guilty plea – proceed to sentence If not guilty, prosecution and defence identify the key issues

Disclosure Criminal Justice Act 2003 & Criminal Procedure & Investigations Act 1996: Defence obliged to disclose all its evidence to the prosecution – including defences they intend to rely on and points of law they will raise Defence must provide names and addresses of all witnesses including experts Prosecution – continuing duty to disclose anything that might reasonably be capable of undermining the prosecution case or helps the defence case.

Plea Bargaining Negotiations between the prosecution and defence e.g. defendant agrees to plead guilty to a lesser charge: Pleas bargaining very common in US and now in the English system R v Turner (1970) – judges not allowed to get involved in plea bargaining R v Goodyear (2005) – defendant can request an indication from the judge as to the likely sentence if they plead guilty Is plea bargaining in the interests of justice? What do you think?

The Trial Burden of proof – prosecution – beyond all reasonable doubt Prosecution presents first Defence then presents their case (unless submission of no case to answer is successful) Youth Justice & Criminal Evidence Act 1999 – measures aimed at protecting vulnerable witnesses giving evidence Each side makes closing speech Crown Court - judge sums up for the jury ss.101-103 Criminal Justice Act 2003 & R v Hanson (2005) evidence of bad character and previous convictions

The Criminal Process Should evidence of bad character and previous convictions be admitted? What are the arguments for and against the allowing of such evidence?

Criticism of the System Cracked and ineffective trials Problems with disclosure – Criminal Procedure & Investigations Act 1996 Confession evidence and miscarriages of justice – the need for a corroboration rule Role of expert witnesses – R v Clark (2003) Treatment of victims and witnesses Role of the media – contempt of court

Reforms Community Justice Centres Government paper: Delivering simple, speedy, summary justice(2006) – ‘next – day justice’

Test Yourself What is meant by an adversarial system? How are criminal offences classified? What is meant by mode of trial? What are the disclosure rules? What is plea bargaining? What is the burden of proof and who must prove it?