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Criminal courts. Criminal law. Branch of law that deals with behaviour harmful to society as a whole; the action against the offender is taken in the name of society The state prosecutes (Crown v. Ms. Smith). Types of offences. Indictable offences Summary offences Triable either way.
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Criminal law • Branch of law that deals with behaviour harmful to society as a whole; the action against the offender is taken in the name of society • The state prosecutes (Crown v. Ms. Smith)
Types of offences • Indictable offences • Summary offences • Triable either way
Criminal courts • The Magistrates’ Court • The Crown Court • The Court of Appeal (Criminal Division) • The Supreme Court
Magistrates’ Courts • About 95% of all criminal cases in England and Wales are tried in the Magistrates’ Courts, which deal with petty crimes (less serious ones) • In certain circumstances, the court may commit an accused person to the Crown Court for more severe punishment
Magistrates • One stipendiary magistrate (full-time paid magistrate who has qualified as a lawyer) or three lay magistrates (unpaid, established members of the community) • Today called District Judges • They decide without a jury
Crown Courts • Formerly called assizes and quarter sessions • Deals with indictable offences (more serious ones) • A jury of twelve people decides whether the defendant is guilty of the crime he or she is charged with
Court of Appeal • From the Crown Court, appeal against conviction or sentence goes to the Criminal Division of the Court of Appeal • The ultimate court of appeal is the Supreme Court
Crown Prosecuting Service • The state prosecutes those charged with a crime and may apprehend suspects and detain them in custody • If the police decide that an offender should be prosecuted, a file on the case is sent to the Crown Prosecuting Service (CPS)
CPS • 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 • Criminal proceedings can be initiated either by the serving of a summons or, in more serious cases, by a warrant of arrest issued by a Magistrates’ Court
Criminal court proceedings • The English system of justice is adversarial (each side collects and presents their own evidence and attacks their opponent’s by cross-examination). • In a criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt that the accused is guilty
Vocabulary • Indictable offence – teško kazneno djelo • Summary offence – lakše kazneno djelo • Offender – počinitelj kaznenog djela • Custody - pritvor • Summons – poziv na sud • Warrant of arrest – nalog za uhićenje • Beyond reasonable doubt – izvan svake sumnje • Adversarial system – akuzatorni sustav