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Summary of 10 pages for the course Legal Systems And Methods at UoW (Criminal Procedure)
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The Overriding Objective from Criminal Procedure Rules 2015(1) The overriding objective of this new code is that criminal cases be dealt with justly.
(2) Dealing with a criminal case justly includes-
Acquitting the innocent and convicting the guilty;
Dealing with prosecution and defence fairly
Recognising the rights of the defendant; Art 6 ECHR
Respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case;
dealing with the case efficiently and expeditiously.
Ensuring that appropriate information is available to the court when bail and sentence are considered.
g) Dealing with the case in ways that take into account –
The gravity of the offence alleged
The complexity of what is in issue
The severity of the consequences for the defendant and others affected, and
The needs of other cases.
All participants have a duty to deal with cases justly.
A participant is anyone involved in any way with a criminal case Rule 1.2(2)) CPR.
All the rules set out in the CPR are subject to the overriding objective.
The Courts Role
Rule 1.3 CPR the application by the court of the overriding objective.
The court must further the overriding objective in particular where-
Exercising any power given to it by legislation
Applying any practice direction
Interpreting any rule or practice direction.
Case Management
Part 3 CPR = Gives courts explicit powers to manage the progression of criminal cases.
r.3.2(1) = Court must further the overriding objective by ‘actively managing’ cases
Active Case Management
Rule.3.2(2) - ‘Active Case Management’
the early identification of the real issues;
the early identification of the needs of witnesses;
achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a timetable for the
progress of the case;
monitoring the progress of the case and compliance with directions;
, ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;
discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding
unnecessary hearings;
encouraging the participants to co-operate in the progression of the case; and
making use of technology.
The Criminal Justice System
The Police
The Crown Prosecution Service
The Director of Public Prosecutions
The Attorney General
The Criminal Courts
The Probation Service
HRM Prison Service
Victim Support Service
The Criminal Courts
MAGISTRATE’S COURT—first instance
CROWN COURT—first instance and appeals from Magistrate’s Court
HIGH COURT – Queen’s Bench Division—Appellate only
COURT OF APPEAL – CRIMINAL DIVISION—Appellate only
SUPREME COURT—Final appellate court
Availability of public funds for legal defence in criminal cases
- Legal Aid; sentencing and punishment of offenders act (LASPO) 2012
The administration of legal aid is transferred to a new Legal Aid Agency which is positioned within the Ministry of Justice
Restricted legal aid for civil matters
Focus on meeting government’s obligations under the ECHR Art 6—right to a fair trial
Legal Aid Scheme
Provision of advice in police stations and magistrates’ courts via contracts with private-practice solicitors’ firm operating
duty solicitor schemes;
Provision of legal advice and representation in cases that proceed to court
Management of individual case contracts with defence teams for vey high cost criminal cases;
Provision of service directly to the public through the Public Defender Service (established 2001)—currently operating
out of Cheltenham, Darlington, Pontypridd and Swansea See http://publicdefenderservice.org.uk; this was expanded in
2014 to add a special advocacy unit operation anywhere in England/Wales dealing with complex crown court cases
Availability of legal aid in criminal cases
Public funding for legal assistance is available for individuals questioned by police under caution or for those who have
been arrested
Thereafter there are restrictions on access to free legal advice
Individuals must apply to the Magistrate’s Court for a “representation order”
there are two tests to be met:
1) “Merits” of “interest of justice” test—ie if offence
is sufficiently serious such that it could result
in incarceration
2) Means test—assessment of the income of the family weighted for the age and number of
family members
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