1. CRIMINAL PROCEDURE IN ENGLAND AND WALES
UNIT 10
CRIMINAL PROCEDURE IN ENGLAND AND WALES

2. Preview Definition of crime Types of criminal offences
Elements of a crime
Burden of proof
Criminal procedure
Adversary/inquisitorial procedure
Purpose and types of punishment

3. CRIME
An act that is considered to be a public wrong and is therefore punishable by the state in criminal proceedings

4. Types of criminal offences
Summary offences: Magistrates’ Court; no jury
Indictable offences: Crown Court; jury trial
Offences triable either way (Magistrate’s Court or Crown Court)

5. Types of crime
Crimes against the person
Crimes against property
Crimes against the State and public peace and order

6. What does a crime consist of?
Actus reus – criminal offence
Mens rea – criminal intent

7. Right to a Fair Trial The right to be presumed innocent
The privilege against self-incrimination
The right to silence
The right to legal aid and assistance
The right to be brought promptly before a court

8. Right to a Fair Trial The right to release pending trial
The right to confront witnesses
The right to be tried on evidence not obtained by violation of fundamental rights

9. Principles of criminal justice
Every person accused of crime must know what the accusation is
A person can be convicted of crime only on evidence given in open court
The burden of proof is always on the prosecution
‘No man shall be condemned unheard’
Trial by jury

10. The Police
The police investigate a crime and may arrest suspects and detain them in custody.
If the police decide an offender should be prosecuted, a file on the case is sent to the Crown Prosecution Service (CPS)

11. Investigative powers of the police
To stop and search
To arrest and search suspects
To detain and question suspects (questioning – tape-recorded)
To take fingerprints and bodily samples
To enter and search premises
To seize articles and documents

12. Caution (Right to silence)
Before 1994: “You do not have to say anything unless you wish to do so, but what you say may be given in evidence”

13. Caution
Since 1994: “You do not have to say anything. But if you do not mention now something which you later use in your defence, the court may decide that your failure to mention it now strenghtens the case against you. A record will be made of anything you say and it may be given in evidence if you are brought to trial”

14. The Crown Prosecution Service (CPS)
Created by the Prosecution of Offences Act (1985)
Headed by the Director of Public Prosecutions (DPP)

15. The Crown Prosecution Service
The CPS must consider whether there is:
1) enough reliable evidence for a realistic prospect of conviction, and if so,
2)whether the public interest requires a prosecution

16. The evidential test Can the evidence be used in court?
Is the evidence reliable?
Is the evidence credible?

17. The public interest test
How serious is the offence committed?
What is the level of culpability of the suspect?
What are the circumstances and the harm suffered by the victim?
Was the suspect under the age of 18 at the time of the offence?

18. The public interest test
What is the impact on the community?
Is prosecution a proportionate response?
Do sources of information require protecting?

19. The public interest test
1. a conviction is likely to result in a significant sentence
2. a weapon was used or violence was threatened
3. the offence was committed against a person serving the public (a police officer, a nurse, etc.
4. vulnerable victims, discrimination, etc.

20. The Crown Prosecution Service
They can decide to:
go ahead with the prosecution,
send the case back to the police for a caution, or
take no further action

21. How do criminal proceedings start?
Criminal proceedings can be initiated
1) by the serving of a summons setting out the offence and requiring the accused to attend court, or,
2) in more serious cases, by a warrant of arrest

22. How do criminal proceedings start?
Criminal proceedings against adult defendants for both summary and indicatble offences always begin in the magistrates’ court

23. Custody
“A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor at any time” (duty solicitors)

24. Custody
A person should not be detained for more than 24 hours (36 hours in serious cases to secure or preserve evidence; max. period: 96 hours) without being formally charged with a crime

25. Bail
Bail : ‘freedom from custody; the release of an arrested person from custody after payment has been made to a court on condition that the person will return to face trial’

26. Refusing bail
Magistrates may refuse bail if they believe that the defendant will:
1) fail to surrender to custody;
2) commit another offence;
3) interfere with witnesses

27. Standard of proof
The prosecution must prove the elements of crime BEYOND REASONABLE DOUBT
(criminal standard of proof)

28. Criminal trials
Most cases – magistrates’ courts (summary offences): before magistrates or a district judge: facts and legal issues
The Crown Court – indictable offences: before the judge (legal issues) and the jury (facts)
The Youth Court

29. CRIMINAL TRIAL
The accused enters the dock (‘part of a court where an accused prisoner stands’)
The charge is read out
The accused pleads ‘guilty’ or ‘not guilty’

30. Criminal Trial
On a “guilty plea”, the Magistrates’ Court can either proceed to sentence or commit to the Crown Court for sentence
On a ‘not guilty plea’ the trial proceeds to establish the person’s guilt or innocence

31. ACCUSATORIAL (OR ADVERSARY) PROCEDURE
A procedure in common law countries where each side collects and presents their own evidence and attacks their opponent’s by cross examination

32. INQUISITORIAL PROCEDURE
In countries where Roman law is applied, a procedure by which an examining magistrate has the duty to investigate a case and produce evidence

33. ACCUSATORIAL PROCEDURE
Accusatorial (adversary procedure): A system of criminal justice in which conclusions as to liability are reached by the process of prosecution and defence.

34. ACCUSATORIAL PROCEDURE
It is the primary duty of the prosecutor and defence to press their respective viewpoints within the constraints of the rules of evidence while the judge acts as an impartial umpire, who allows the facts to emerge from this procedure.

35. STAGES OF A CRIMINAL TRIAL
1. Accusation
2. Jury sworn in
3. Prosecution opening speech
4. Prosecution evidence
5. Defence opening speech
6. Defence evidence
7. Prosecution closing speech
8. Defence closing speech
9. Judge’s summing up
10. Jury’s verdict
11. Sentence

36. THE JURY
Trial by jury – an ancient and important feature of English justice; the main element in criminal trials in the Crown Court
Jury membership – in the past, linked to the ownership of property

37. THE JURY
Today – before the start of a criminal trial, 12 jurors are chosen from a list of some 30 names randomly selected from local electoral registers
They listen to the evidence and give their verdict on the facts

38. The Jury
If a jury cannot reach a decision, it will be discharged and a new one sworn in
Until 1967 the verdict had to be unanimous
Today: a majority verdict (ten to two)

39. The Jury System
safeguards individual liberty and justice; the ordinary citizen’s link with the legal process
Criticism: high acquittal rates; subjective jurors; intimidation of jurors; costs

40. Lord Devlin, Trial by Jury
“The first object of any tyrant in Whitehall would be to make Parliament utterly subservient to his will; and the next to overthrow or diminish trial by jury, for no tyrant could afford to leave a subject’s freedom in the hands of twelve of his countrymen. So that trial by jury is more than an instrument of justice and more than one wheel of the constitution: it is the lamp that shows that freedom lives”

41. THE JUDGE
Controlling influence in the battle between defence and prosecution
Applies the rules of the court and gives directions on procedure and evidence
Should not interfere nor show bias
Passes sentence

42. Purposes of sentencing
Punishment (retribution)
Public protection
Crime reduction
Reparation
Rehabilitation of offenders

43. TYPES OF PUNISHMENT
Unconditional discharge (if it is a person’s first offence, and if it is not serious)
Conditional discharge (the accused is set free but if he commits another crime within a stated time, the first crime will be taken into account; he may be put on probation: regular meetings with a social worker)
Fine
Community service

44. Types of Punishment Imprisonment Life sentence
Death penalty – abolished in the UK in (except for treason); in 1998 the home secretary signed the 6th protocol of the European Convention of Human Rights which formally abolished the death penalty in the U.K.

45. CRIMINAL APPEALS The Court of Appeal (Criminal Division):
1) The conviction may be quashed (the jury’s previous verdict is overruled and the accused is pronounced ‘not guilty’
2) The sentence may be reduced
The Supreme Court:
Either prosecutor or defendant my appeal on a point of law of general public importance

46. The royal prerogative of mercy
The power to pardon convicted individuals exercised by the Crown on the advice of the Home Secretary:
1) A free pardon: quashing a conviction
2) A conditional pardon: excusing or varying the conviction subject to conditions
3) Remission of a sentence (‘reduction of a prison sentence’)

47. cross-examined,judge, jury, prosecution, trial, witnesses
A ___may be defined as a judicial examination of the issues between the parties.Although some variations may exist, trials are usually held before a__, or a judge and jury. The counsels for the __and for the defence make opening statements to the __, outlining what each sees as the nature of the case and what each hopes to prove as the trial proceeds. Next, the counsel for the prosecution presents his case by calling__, questioning them, and permitting them to be __by the counsel for the defence.

48. Key
A trial may be defined as a judicial examination of the issues between the parties.Although some variations may exist, trials are usually held before a judge, or a judge and jury. The counsels for the prosecution and for the defence make opening statements to the jury, outlining what each sees as the nature of the case and what each hopes to prove as the trial proceeds. Next, the counsel for the prosecution presents his case by calling witnesses, questioning them, and permitting them to be cross-examined by the counsel for the defence.

49. clients, evidence, facts, law
The counsel for each side then makes a closing argument to the jury, summarizing the __in a light most favourable to their respective__. The function of the jury is to determine the __of the case, whereas the function of the judge is to determine the applicable __and to oversee the parties’ presentation of the facts to the court.

50. Key
The counsel for each side then makes a closing argument to the jury, summarizing the evidence in a light most favourable to their respective clients. The function of the jury is to determine the facts of the case, whereas the function of the judge is to determine the applicable law and to oversee the parties’ presentation of the facts to the court.

51. applicable, constitutes, court, verdict
After the judge has instructed the jury on the ___law, the jury will retire to deliberate in private until it reaches a__, which will then be announced in open__. In a case tried before a judge sitting alone, the decision of the judge ___a termination of the trial.

52. Key
After the judge has instructed the jury on the applicable law, the jury will retire to deliberate in private until it reaches a verdict, which will then be announced in open court. In a case tried before a judge sitting alone, the decision of the judge constitutes a termination of the trial.

53. Legal terms Summary offence
Lakše kazneno djelo; djelo za koje se sudi na osnovnom sudu (bez porote)
Indictable offence
Teško kazneno djelo

54. Legal terms Apprehend Uhititi, lišiti slobode Suspect
Sumnjiva osoba, osumnjičenik
Custody
Pritvor, istražni zatvor
Remand in custody
Zadržati u pritvoru

55. Legal terms Bail Jamstvo; privremeno puštanje na slobodu uz jamčevinu
Offender
Počinitelj, prijestupnik
Offence
Kazneno djelo
Offend
Počiniti kazneno djelo

56. Legal terms Charge Optužnica, optužni prijedlog To bring a charge
Podići optužnicu
Summon
Poziv na sud

57. Legal terms Prosecute Pokrenuti sudski postupak Prosecution
Pokretanje kaznenog postupka, podizanje optužnice
Prosecutor
tužitelj

58. Legal terms Right against self-incrimination
Right not to say anything, when questioned by the police, in case you may say something which could incriminate you
Pravo na šutnju

59. Legal terms Dock Optuženičko mjesto u sudnici Plea
In criminal proceedings, a formal statement made in court by an accused person as a response to the charge made against him
Izjašnjavanje, odgovor na optužnicu
Plead
Izjasniti se o krivnji

60. Legal terms Verdict Odluka porote Acquit Osloboditi krivnje Acquittal
Oslobađajuća presuda

61. Legal terms Conviction
A decision that a person accused of a crime is guilty
Osuđujuća presuda
Sentence
A legal punishment given by a court to a convicted person
Kaznena presuda

62. Legal terms
Quash
To invalidate a conviction made in an inferior court ot to set aside a decision subject to judicial review
Poništiti presudu
Overrule
Poništiti, ukinuti presudu nižeg suda

63. Legal terms
Remission
reduction of a prison sentence (for good behaviour)
Umanjenje kazne
remit
Commute
To reduce a harsh sentence to a lesser one

64. Legal terms Prerogative of mercy
The power to commute or remit a sentence
Pravo na pomilovanje

65. True or False? 1. Criminal trials are always held in front of a jury.
2. A judge may sit alone to hear a legal case.
3. At the beginning of the trial both counsels outline their case.
4. The counsel for the defence may cross- examine prosecution witnesses.

66. True or False?
The function of the jury is to decide the applicable law.
The judge may intervene if the counsels on either side fail to observe the court procedures.
The judge advises the jury on the law relevant to the case.
The jury discusses their verdict in open court.

67. Key players in the criminal law
Who
What
The police interrogate
Arrests, searches and seizures
The police carry out
On the sentence to be imposed
The magistrate sometimes conducts
Over the court
The prosecutor conducts
Suspects and witnesses
The suspect has the right
The case in court on behalf of the police
The suspect is innocent
The investigation in cases of serious criminal offence

68. Key players in the criminal law
Who
What
The defence counsel assists
The suspect from violations of his rights at the hands of law-enforcement personnel
The defence counsel protects
The suspect in gathering exonerating evidence
The judge presides
To remain silent
The judge decides
Until proved guilty
The jury decides
Whether the accused is guilty or not

69. Stages in a criminal procedure:
1. Crime reported
2. investigation by police
3. investigation of suspect
4. apprehension of suspect
5. charge of suspect
6. remand in custody, or
7. release on bail
8. interrogation of accused
9. interrogation of witnesses

70. 11. decision of jury
12. judgement of judge
13. conviction of accused or
14. acquittal of accused
15. sentence by judge
16. appeal against judgement

71. Exercise: Match each stage to its correct definition
__: the police free the person alleged to have committed the crime on condition that the accused appears at court at a future date
___: the jury panel make a decision whether they believe (beyond reasonable doubt) that the accused committed the crime of which s/he is accused

72. ___:the judge decides punishment
___: the police carry out a systematic examination of the person who may have committed a crime
___: the police receive information that a crime may have been committed
___: the police make a claim of wrongdoing against the person alleged to have committed the crime

73. ___: the police carry out further questining of the person alleged to have committed the crime
___: the defendant is found not guilty of the charge
___:the accused comes to court to face charges
___: the police carry out a detailed enquiry into the alleged crime

74. ___:after being found guilty, the accused brings an action to clear his/her name or to reduce the sentence
___: the police arrest the person who is alleged to have committed the crime
___: the police detain the person alleged to have committed the crime
___: the judge makes a judicial decision

75. ___: the police collect evidence against the accused from those who can give evidence
__: the defendant is found guilty

76. Key
Release on bail: the police free the person alleged to have committed the crime on condition that the accused appears at court at a future date.
Decision of jury: the jury panel make a decision whether they believe (beyond reasonable doubt) that the accused committed the crime of which s/he is accused

77. Key Sentence:the judge decides punishment
Investigation of suspect: the police carry out a systematic examination of the person who may have committed a crime
Crime reported: the police receive information that a crime may have been committed
Charge of suspect : the police make a claim of wrongdoing against the person alleged to have committed the crime

78. Key
Interrogation of accused: the police carry out further questining of the person alleged to have committed the crime
Acquittal of accused: the defendant is found not guilty of the charge
Appearance in court: the accused comes to court to face charges
Investigation by police: the police carry out a detailed enquiry into the alleged crime

79. Key
Appeal against judgement: after being found guilty, the accused brings an action to clear his/her name or to reduce the sentence
Apprehension of suspect: the police arrest the person who is alleged to have committed the crime
Remand in custody: the police detain the person alleged to have committed the crime
Judgement: the judge makes a judicial decision

80. Key
Interrogation of witnesses: the police collect evidence against the accused from those who can give evidence
Conviction of accused: the defendant is found guilty