1 / 73

UNIT 10

UNIT 10. CRIMINAL PROCEDURE IN ENGLAND AND WALES. Preview. Definition of crime Types of criminal offences Elements of a crime Burden of proof Criminal procedure Adversarial/inquisitorial procedure Purpose and types of punishment. CRIME.

ghalib
Download Presentation

UNIT 10

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 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 • Adversarial/inquisitorial procedure • Purpose and types of punishment

  3. CRIME • An act that is deemed 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 (arrestable and non-arrestable): 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. Burden of proof • The prosecution must prove the elements of crime BEYOND REASONABLE DOUBT (criminal quantum of proof)

  8. The Police • The police investigate a crime and may apprehend 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)

  9. The Crown Prosecution Service • The CPS must consider whether there is enough evidence for a realistic prospect of conviction, and if so, whether the public interest requires a prosecution

  10. 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

  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. How do criminal proceedings start? • Criminalproceedingscanbeinitiatedbytheservingof a summonssettingouttheoffenceandrequiringtheaccused to attend court, or, • in more seriouscases, by a warrantofarrest

  13. 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’

  14. 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

  15. 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)

  16. 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

  17. 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”

  18. 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”

  19. 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

  20. 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

  21. 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’

  22. 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

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

  24. 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

  25. ACCUSATORIAL PROCEDURE • Accusatorial (adversary/adversarial procedure): A systemofcriminaljusticeinwhichconclusions as to liability are reachedbytheprocessofprosecutionanddefence.

  26. 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.

  27. 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

  28. 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

  29. 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

  30. 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

  31. 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)

  32. 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

  33. 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”

  34. 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

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

  36. 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

  37. Types of Punishment • Imprisonment • Life sentence • Death penalty – abolished in the UK in 1965 (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.

  38. 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

  39. 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’)

  40. cross-examined,judge, jury, prosecution, trial, witnesses • A ___maybedefined as a judicialexaminationoftheissuesbetweentheparties.Although some variationsmayexist, trials are usuallyheldbefore a__, or a judgeandjury. Thecounsels for the __andforthedefencemakeopeningstatements to the __, outliningwhateachsees as the nature ofthecaseandwhateachhopes to prove as thetrialproceeds. Next, thecounsel for theprosecutionpresents his casebycalling__, questioningthem, andpermittingthem to be __bythecounsel for thedefence.

  41. Key • A trialmaybedefined as a judicialexaminationoftheissuesbetweentheparties.Although some variationsmayexist, trials are usuallyheldbefore a judge, or a judgeandjury. Thecounsels for theprosecutionandforthedefencemakeopeningstatements to thejury, outliningwhateachsees as the nature ofthecaseandwhateachhopes to prove as thetrialproceeds. Next, thecounsel for theprosecutionpresents his casebycallingwitnesses, questioningthem, andpermittingthem to becross-examinedbythecounsel for thedefence.

  42. clients, evidence, facts, law • Thecounsel for each side thenmakes a closing argument to thejury, summarizingthe __in a light most favourable to theirrespective__. Thefunctionofthejury is to determinethe __ofthecase, whereasthefunctionofthejudge is to determinetheapplicable __andtooverseetheparties’ presentationofthefactstothe court.

  43. Key • Thecounsel for each side thenmakes a closing argument to thejury, summarizingtheevidencein a light most favourable to theirrespectiveclients. Thefunctionofthejury is to determinethefactsofthecase, whereasthefunctionofthejudge is to determinetheapplicablelawandtooverseetheparties’ presentationofthefactstothe court.

  44. applicable, constitutes, court, verdict • Afterthejudgehasinstructedthejury on the ___law, thejurywillretire to deliberateinprivateuntil it reaches a__, whichwillthenbeannouncedinopen__. In a casetriedbeforeajudgesittingalone, thedecisionofthejudge ___a terminationofthetrial.

  45. Key • Afterthejudgehasinstructedthejury on theapplicablelaw, thejurywillretire to deliberateinprivateuntil it reaches a verdict, whichwillthenbeannouncedinopen court. In a casetriedbeforeajudgesittingalone, thedecisionofthejudgeconstitutesaterminationofthetrial.

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

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

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

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

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

More Related