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A Day in a Criminal Court

Explore the roles and procedures in criminal court, from prosecution by the state to sentencing, including types of offences, courts, and available sentences.

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A Day in a Criminal Court

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  1. A Day in a Criminal Court Unit 10

  2. Criminallaw Criminallawthepartoflawconcernedwiththepunishmentofoffencesdefined as crimesbythelaw. Offencescanbedirectedagainst: - a person, - property, - the State andpublicorder.  One canseekprotectionthroughthecriminalcourt(familyviolence, stealing)  interventionofthe police whobringthecharge.

  3. „Roles” inthecriminal procedure - THE CROWN – i.e. thestate e.g. R v Collins– theCrownagainstCollins R stands for ‘Regina’, i.e. ‘Rex’, latin: Queen or King - DEFENDANT – thepersonbeingprosecuted, theallegedcriminal - theSTATEistheprosecutor, hasinterestinfightingcrime - thePOLICEinvestigate a crime, apprehendsuspectsanddetainthemincustody, criminaljusticeisadministeredwiththehelpofthe police

  4. Criminal proceedings 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

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

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

  7. Summary offences • 95% of criminal cases are categorized as summary offences and dealt with bymagistrates’ courts • 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 • ‘No case to answer’ also available

  8. Indictable offences • serious offences, such as rape, murder, fraud etc. • 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 • 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

  9. Triable either way • 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) • 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

  10. Availablesentences • a discharge(convictionwithoutpunishment) • a fine • a communityserviceorder(doingunpaidwork, receivingtreatment for addictions, rehabilitationprogrammes, supervision) • a custodial (prison) sentence • a suspendedprison sentence (probation) - prison sentence activatedonlyiftheconvictreoffendswithin a certain period of time

  11. 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) - (nominated by local advisory committees and appointed by the Lord Chancellor), no professional legal training but course attendance • presided by stipendiarymagistrates in large cities. They can sit alone. - (barristers; at least seven years of work experience)

  12. 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.

  13. Connect legal terms with their definitions.

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

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

  16. 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?

  17. 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...

  18. COMPARING CIVIL & CRIMINAL CASES

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