Criminal Process: Case Law / Legislation

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Criminal Procedure and Investigations Act 1996
Sets out the process of the plea before venue in triable either way offences
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S19 Magistrates' Court Act 1980
Magistrates must consider the natures and seriousness of a case, their own powers of punishment and representations of prosecution and defence when deciding whether a case should be heard at the Magistrates' Court.
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The Auld Report 2001
Recommended that the Magistrates should decide the venue, not the defendant.
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S38 Police and Criminal Evidence Act
Grants the custody officer powers to give bail.
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Criminal Justice and Public Order Act 1994
Under this Act the police may impose conditions on granting bail.
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The Bail Act 1976
The main act on Bail. S4 states that there is a general assumption that a person should be given bail. Bail does not need to be given if there are substantial grounds that the suspect would abuse their right of bail.
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Bail (Amendment) Act 1993
The prosecution have the right to appeal to a judge at Crown Court against the granting of bail.
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The Justice Report 1970
Criticised the police's role to decide whether to prosecute due to their lack of impartiality
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The Phillips Royal Commission 1978
Recommended the establishment of an independent body to adopt the role of prosecuting suspects
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The Prosecution of Offences Act 1985
Established The Crown Prosecution Service.
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S10 Prosecution of Offences Act 1985
Contains the code of practice the CPS undertake when deciding whether to prosecute i.e. Evidential Test, Public Interest Test, and Threshold Test
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The Narey Review 1997
Criticised the CPS in terms of there lack of preparation and delay
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The Glidewell Report 1998
Criticised the CPS for discontinuing too many cases
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The Auld Review 2001
Recommended statutory charging.
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The Criminal Justice Act 2003
Abolished the category of excusal as of right and illegibility. Anyone involved in the criminal justice system can serve on a jury.
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R v Mason 1980
Chief Constable of Northamptonshire had a policy of widespread use of unauthorised vetting of criminal records of which the Court of Appeal Approved
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The Attorney Generals' Guidelines 1988
Outlines when a specific type of vetting, examining juror's political affiliations, can be used.
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Juries Act 1974
An entire jury can be challenged if they have been chosen in a biased or inrepresentative way
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Romford Jury 1973
Coincidentally 9 of 12 jurors lived in the Romford area
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The Courts and Legal Services Act 1990
The Court of Appeal can vary damages decided by juries to appropriate levels
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Bushell's Case 1670
Established the principle that a judge must accept a juries' decision even if they disagree with the verdict.
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Criminal Law Act 1977
The right to jury was removed in a significant number of offences.
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McKenna 1960
Established the principle that the judge must not pressurise the jury to reach a decision. In this case the judge threatened the jurors to reach a decision; the conviction was quashed.
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R v Owen
Jury delivered a perverse verdict. Despite Own having attempted to kill two people, he was acquitted.
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R v Alexander 2004
A juror was romantically interested in a barrister
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Sander v UK ECHR
There was a breach of Article 6 of ECHR due to the prejudicial attitudes expressed by the jurors
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R v Pryce 2013
There were fundamental deficits in the juries' understanding of the case
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R v Twomey 2009
Jury tampering involved in this case. Twomey had men intimidate jurors
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Criminal Appeals Act 1995
Outlines the rules for appealing.
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Criminal Procedure and Investigations Act 1996
Where there is jury tampering an application can be made to the high court quashing the conviction.
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S36 of The Criminal Justice Act 1972
Prosecution has a referral right where the defendant is acquitted.
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Luan Plakici
He kidnapped girls for sex trafficking and was originally sentenced for 10 years, his sentence was increased to 23 years.
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Runciman Commision 1993
Recommended the establishment of an independent body to consider suspected miscarriages of justice
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Card 2

Front

Magistrates must consider the natures and seriousness of a case, their own powers of punishment and representations of prosecution and defence when deciding whether a case should be heard at the Magistrates' Court.

Back

S19 Magistrates' Court Act 1980

Card 3

Front

Recommended that the Magistrates should decide the venue, not the defendant.

Back

Preview of the back of card 3

Card 4

Front

Grants the custody officer powers to give bail.

Back

Preview of the back of card 4

Card 5

Front

Under this Act the police may impose conditions on granting bail.

Back

Preview of the back of card 5
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