The Work Of The Criminal Courts

Each court deals with cases that have a connection with its geographical area and they have JURISDICTION over a variety of matters involving criminal cases.

Cases are heard by magistrates, who may be either

1. QUALIFIED DISTRICT JUDGES OR

2. UNQUALIFIED LAY JUSTICES ( UNPAID VOLUNTEERS )

There is also a LEGALLY QUALIFIED CLERK attached to each court to assist the lay magistrates with law and procedure.

So far as criminal cases are concerned the courts have jurisdiction in a variety of matters. They have a very large workload and they do the following:

1. Try all summary cases.
2. Try any triable either way offences which it is decided should be dealt with in the Magistrates' Court

These first two categories account for about 97 % of all criminal cases!

1. Deal with the first hearing of all indictable only offences. These cases are then sent to the Crown Court.
2. Deal with all the other matters connected to criminal cases, such as issuing warrants for arrest and deciding bail applications.
3. Try cases in the Youth Court where the defendants are aged 10-17 inclusive.

IF DEFENDANT PLEADS GUILTY IN THE MAGISTRATES COURT

The usual sequence of events where the defendant pleads guilty to a summary offence is as follows:

C.A.R.P.S. (Conviction, Antecedants, Reports, Plea in Mitigation and Sentence)

1)  The Crown Prosecutor or lay presenter from the CPS will give the court a summary of the facts of the case e.g. defendant stole an ipod from Currys store or was found in possession of cannabis.

 2) The defendant is asked if he agrees with those facts. If he does

 3) The defendant’s ANTECEDENTS(past record of convictions), if any, is given to the court.

 4) Other information about the defendant's background, especially his financial position, is given to the court.

5)  Any relevant REPORTS are considered by the magistrates; these may include a PRE-SENTENCE REPORT prepared by a probation officer and/or a medical report on the defendant's mental health.

6) The defendant or his lawyer can then explain any matter which might persuade the magistrates to give a lenient sentence. This is called making a speech in MITIGATION e.g. it D’s first offence, he is sorry, he was desperate for money.

7) The magistrates decide the SENTENCE e.g. Conditional Discharge, Fine, Community Order, Custodial Sentence.

Not Guilty Plea

When a defendant pleads not guilty the procedure is longer and more complicated, as both sides produce evidence to the court.

 1) Since the burden of proof is on the prosecution, it will begin the case - usually by making a short speech outlining what the case is about and what they hope to prove.

The prosecution witnesses will then be called one at a time to give evidence, and the prosecutor will question each to establish what he or she saw and heard. This is called the EXAMINATION IN CHIEF. E.g. “What did the defendant say to you when he robbed you?”

3) After the prosecution finishes the examination in chief of a witness, the defence will then CROSS-EXAMINE that witness to test their evidence and try to show that it is not reliable.

4) The prosecution may also produce RELEVANT EXHIBITS OF EVIDENCE, such as property found in the possession of the defendant

5) At the end of the prosecution case the defence can submit to the magistrates that there is no case to answer and that the case should be dismissed at this point.

6) THE DEFENDANT HIMSELF WILL USUALLY GIVE EVIDENCE, THOUGH HE DOES NOT HAVE TO. However, since the Criminal Justice and Public Order Act 1994, the magistrates can draw their own conclusions from the fact that the accused stays silent and does not explain his side of the matter.

7) Defence closing speech (The Magistrates then decide if the defendent is guilty or not)

9) IF THEY CONVICT, they will then hear about his past record and may also look at reports and hear a speech in mitigation from the defence.

They will then pass sentence.

PLEA BEFORE VENUE

Under the plea before venue procedure the defendant is first asked whether he PLEADS GUILTY OR NOT GUILTY. If he pleads guilty he can be sentenced by the Magistrates Court although the magistrates may still decide to send him to Crown Court for sentence (e.g. he has a long criminal record and so deserves more than 6 months imprisonment).

IF HE PLEADS NOT GUILTY THERE IS A MODE OF TRIAL HEARING (M.O.T.) – in which court should the trial be held?

If the defendant PLEADS NOT GUILTY then the magistrates must carry out 'mode of trial' proceedings to establish where the case will be tried. In this the magistrates first decide

a) if they think the case is suitable for trial in the Magistrates' Court and

b) whether they are prepared to “accept jurisdiction” – hear the trial.

WHILST THE PRESUMPTION IS IN FAVOUR OF SUMMARY TRIAL, if the offence is serious and has aggravating features it could lead the MC to conclude that its maximum sentencing powers would be insufficient to deal with D.

E.g. Weapon used; vulnerable victim; previous relevant convictions etc.

DEFENDANT'S ELECTION/RIGHT TO CHOOSE TRIAL BY JURY

If the magistrates are prepared to accept jurisdiction, the defendant is then told he has the right to choose trial by jury, but may be tried by the magistrates if he agrees to this course.

However, he is also warned that if the case is tried by the MAGISTRATES and at the end of the case he is FOUND GUILTY, the magistrates can SEND HIM TO THE CROWN COURT FOR SENTENCE BY A JUDGE if they feel their POWERS OF PUNISHMENT ARE INSUFFICIENT.

Defendants who are pleading not guilty have had the right to choose where they want the case to be dealt with. This has been seen as an important part of civil liberties, as trial by jury is viewed as a protection of individual rights.

However, not many defendants elect to go to the Crown Court. It was noticeable that when all defendants could choose to go to the Crown Court less than 5% elected to do so.

REASONS FOR CHOOSING CROWN COURT TRIAL

  1. GREATER CHANCES OF ACQUITTAL  - The main reason for choosing the Crown Court is that the decision on guilt or innocence is made by a jury and this gives a better chance of an acquittal.

  2.  JUDGES ARE LEGALLY QUALIFIED TO DEAL WITH COMPLICATED  POINTS OF LAW e.g. Intoxication defence in a Theft case

REASONS FOR CHOOSING MAGISTRATES COURT TRIAL

   1. LESS PUBLICITY IN THE MEDIA

   2. SPEED - The matter is likely to get to trial more quickly.

   3. COST – proceedings are much cheaper than Crown Court where Counsel is required

WHERE THE MAGISTRATES DETERMINE THAT TRIAL ON INDICTMENT IS MORE APPROPRIATE the defendant MUST have his trial in the Crown Court.

Sending cases to the Crown Court

Where the trial is going to be held at the Crown Court including indictable offences, the magistrates must officially send the case to the Crown Court.

FOR INDICTABLE ONLY OFFENCES e.g. Murder, Manslaughter, ****, Robbery.

The case is transferred to the Crown Court immediately from the first hearing at the Magistrates' Court as it is impossible to have the trial in a Magistrates court.

This is under s 51 of the Crime and Disorder Act 1998.

YOUTH COURTS

Young offenders aged from 10 to 17 are dealt with in the Youth Court which is a branch of the Magistrates' Court. Children under the age of 10 cannot be charged with a criminal offence.

THERE ARE SOME CASES IN WHICH YOUNG OFFENDERS CAN BE TRIED IN THE CROWN COURT. These are cases where the defendant is deemed to be aware of the criminality of their behaviour, and are capable of following the proceedings.

 The Youth Court sits in private, with only those who are involved in the case allowed into the court room.

 Members of the press may be present, but they cannot publish the name of any young offender or other information which could identify him, such as address or school.

 The magistrates who sit on the bench in these courts must be under 65 and have had SPECIAL TRAININGto deal with young offenders. There must be at least one female magistrate and one male magistrate on the bench.

 The procedure in the court is less formal than in the adult courts and the parents or guardian any child under 16 are required to be present for the proceedings. The court can also ask parents of those aged 16 or 17 to attend.

THE TRIAL – before a Judge and Jury

It is normal for a defendant appearing at the Crown Court to be represented, usually by a barrister, although solicitors who have a certificate of advocacy can also appear at the Crown Court.

 At the trial where the defendant pleads not guilty, the order of events will normally be:

1)The jury is sworn in to try the case (for further information on juries see later).

2) The prosecution will make an opening speech to the jury explaining what the case is about and what they intend to prove.

3) The prosecution witnesses give evidence and can be cross-examined by the defence; the prosecution will also produce any other evidence such as documents or video recordings.

4) At the end of the prosecution case the defence may submit that there is no case to go to the jury; if the judge decides there is no case he will direct the jury to acquit the defendant.

If there is a case to answer

1) The defence may make an opening speechprovided they intend calling evidence other than the defendant.

2)The defence witnesses give evidence and are cross-examined by the prosecution; the defendant does not have to give evidence personally but the judge may comment on the failure to do in his summing up to the jury.

3) The prosecutor makes a closing speech to the jury pointing out the strengths of the prosecution case.

4) The defence makes a closing speech to the jury pointing out the weaknesses of the prosecution.

5) The judge sums up the case to the jury and directs them on any relevant law.

6) The jury retire to consider their verdict in private.

7) The jury's verdict is given in open court.

8) If the verdict is guilty the judge then sentences the accused; if the verdict is not guilty the accused is discharged.