UNIT 10

A Day in a Criminal Court

CRIMINAL LAW concerned with behaviour, such as stealing, murder,

which, though committed against an individual, is regarded as harmful to society as a whole, and action is taken against the wrong-doer in the name of society

the parties (UK): THE CROWN – i.e. the state (represented by the prosecutor) DEFENDANT – the person being prosecuted

CRIMINAL JUSTICE is administered with the help of the police

the POLICE can:

- investigate a crime

- apprehend suspects

- detain suspects in custody

CRIMINAL PROCEDURE

Criminal prosecutions are brought and conducted by

a) The State - Crown Prosecution Service (CPS)

CPS - established by the Prosecution of Offences Act 1985 (began operating in 1986); before 1986 prosecutions were brought by the state and conducted by the police

- Crown Prosecutors

b) Private individual or business (private prosecutors bring prosecutions)

STARTING PROCEEDINGS1. the police apprehend suspects and decide whether the offender should

be prosecuted

2. if so, a file is sent to the CPS

3. CPS reviews the file and decides whether there is a realistic prospect of conviction and whether a prosecution would be in the public interest

4. CPS must be sure that the evidence is legally admissible and reliable, taking account of the witnesses

5. criminal proceedings may be initiated by the serving of a requisition to appear in court (summons), or a warrant of arrest, issued by a Magistrates’ Court

THE RIGHT TO SILENCE the defendant has a right not to say anything, both in the police station and at

trial Criminal Justice and Public Order Act 1994 - the silence may be adversely

interpreted in the court, i.e. the silence can be taken as an indicator of possible guilt on the part of the defendant

DISCLOSURE = the requirement to disclose all evidence and defence/prosecution materials to the other party in the proceedings

Starting a private prosecution

a) An individual must present a written account of the alleged offence to a magistrate

b) Magistrate issues a summons to be served on the defendant (if sufficient reason)

c) The case is heard at the Magistrates’ Court

Categories of offencesThree categories:

1 Summary offences (petty crimes) – the least serious offences always tried in the Magistrates’ Court

2 Triable either way offences – the middle range of crimes tried in either the Magistrates’ Court or the Crown Court

3 Indictable offences – more serious crimes tried at the Crown Court (the first hearing at the Magistrates’ Court), more severe penalties

The type of offence affects

a) the number and type of pre-trial hearings and

b) where the final trial will take place

CRIMINAL COURTS IN ENGLAND AND WALES

Magistrates’ Court

Crown Court

Court of Appeal(Criminal Division)

Supreme Court of the UK

High Court(Queens Bench Divisional

Court)

Which court to use?

CATEGORY OF OFFENCE

PLACE OF TRIAL EXAMPLES OF OFFENCES

Summary Magistrates’ Court Driving without insuranceTaking a vehicle without consentCommon assault

Triable either way Magistrates’ Court ORCrown Court

TheftAssault causing bodily harmObtaining property by deception

Indictable Crown Court MurderManslaughterRaperobbery

Criminal courts- The Magistrates’ Court and the Crown Court - first

instance courts

The role of the court:a) If defendant pleads guilty - the court decides on the sentence to be

imposed on the defendant

b) if defendant pleads not guilty – court tries the case and decides if the accused is guilty or not guilty

STANDARD OF PROOF – in criminal trials THE BURDEN OF PROOF is on the prosecution – prosecution must prove that the defendant is guilty beyond reasonable doubt (civil trials, must prove guilt beyond reasonable doubt)

Adversarial trial / Accusatorial trial (vs inquisitorial) - prosecution and defence present their cases and cross-examine

each other’s witnesses; the judge oversees the trial, cannot investigate the case, cannot ask to see additional witness

Magistrates’ Courts

have jurisdiction over a variety of matters involving criminal cases; have some civil jurisdiction

a) Try all summary cases 97 % of

b) Try ‘triable either way offences’ all cases

c) Deal with the first hearing of all indictable offences

d) Deal with all side matters connected to criminal cases (issuing warrants for arrest, deciding bail applications)

Presided over by MAGISTRATES:

A) STIPENDIARY MAGISTRATES= Qualified District judges (chosen from among barristers of at least 7 years of experience, paid)

B) UNQUALIFIED LAY MAGISTRATES – Justices of the Peace – JPs (no legal training, unpaid) – sit usually in threes and assisted by a legally qualified clerk

The Crown Court higher criminal court; tries indictable offences presided by a judge – High Court judges, Circuit

judges and Recorders + jury Jury decides about questions of fact Judge decides about questions of law

Criminal Procedure Rules- deal with all aspects of criminal cases- came into force in April 2005- overriding objective –’criminal cases be dealt

with justly’

Appelate Courts

A Crown Court

B High Court of Justice - Queen’s Bench Divisional Court

C Court of Appeal (Criminal Division)

D Supreme Court of the UK

Appeal routes:

- Magistrates’ Courts - Crown Court – Queens Bench Divisional Court – Supreme Court of the UK

- Magistrates’ Courts - Queens Bench Divisional Court – Supreme Court of the UK

- the Crown Court – Court of Appeal (Criminal Court) – Supreme Court of the UK

A Day in a Criminal Court

Read the text in the book and complete the table.

the Accused Facts of the case

sentence / final decision

Case 1some drunks

Case 2

Case 3 the accused committed for trial at the crown court

Essential vocabulary

to apprehend = uhititi ; detain = pritvoriti, lišiti slobode to bring / conduct a prosecution = pokrenuti / voditi sudski

postupak to prosecute = kazneno goniti, pokrenuti kazneni progon prosecutor = tužitelj; Public Prosecutor = Državni / Javni tužitelj to bring a charge = podići tužbu to serve a summons on the defendant = tuženiku predati

sudski poziv to summon to the court = pozvati na sud disclosure = otkrivanje to plead guilty / not guilty to the charge = priznati / ne priznati

krivnju za optužbu a charge against sb = tužba protiv nekog

to adjourn the case = odgoditi sudski postupak Indictable = teško kazneno djelo koje se goni po

službenoj dužnosti summary offences to try – triable – trial = suditi – sudljiv, koji se može

presuđivati – sudski postupak, parnica to draw up an indictment = sastaviti optužnicu conviction # acquittal = osuda # oslobađajuća presuda to fine – a fine = novčano kazniti – novčana kazna to accuse of – the accused = optužiti, okriviti za –

optuženik, okrivljenik to issue a warrant = izdati uhidbeni nalog bail = puštanje na slobodu uz jamstvo

Vocabulary practice

Find in the text the English equivalents for the following Croatian legal terms and expressions.

1 priznati krivnju

2 optužiti za nešto / podnijeti prekršajnu prijavu

3 platiti štetu

4 socijalni radnik koji se brine o osobama uvjetno puštenim na slobodu

5 odgoditi kaznu

6 uvjetno pustiti na slobodu / kazniti uvjetnom kaznom

7 uputiti višem sudu radi daljnjeg suđenja

8 navodno je zgrabio ….

9 potkrijepiti i potvrditi dokaze

10 izreći kaznu

11 novčano kazniti

12 mirovni suci

Vocabulary practice – Answer key

1 to plead guilty

2 to accuse of / to bring a charge against

3 to pay for the damage

4 probation officer

5 to defer sentence

6 to put on probation

7 to commit for trial at a higher court

8 is alleged to have seized …

9 to corroborate and confirm evidence

10 to pronounce sentence

11 to fine

12 Justices of the Peace