Criminal Practice
When to arrest = police investigate and arrest if Rgrounds that suspect has been involved in an offense
Then interview at police station
When to charge = CPS think there is realistic possibility of conviction
Then kept in custody or on bail until case done
CPS must prove each element of offense BARD - if any doubt then must acquit
Courts
Magistrate Ct Crown Ct
ALWAYS court of first instance for any offense Either way or summary also heard in Crown if related
to offense heard in crown w/ possible jail or driving
disqualification
District Judge or 2-3 lay magistrates w. legal advisor - Crown Ct Judge - decide law
decide both fact and law Jury of 12 ppl - decide facts
Quicker, cheaper, limited sentencing powers, D has less High rate of acquittal, better to challenge evidence,
strict discl requirements longer delay (more time to prepare)
Offenses
Summary only Either way Indictable only
Only mag ct Either ct - plea before venue process, must consider Only crown ct - document
Max 6m for single offense mag’s sentencing powers and what D wants containing the charge =
Max 12m for 2/> either indictment
way
Assault Theft (under £200 Mag c.n decline jursdn but D can Robbery
Battery elect for Crown) Rape
Criminal dmg under £5K Criminal dmg over £5K Aggravated crim dmg
Burglary Murder
ABH All manslaughters
S20 GBH S18 GBH
Arson
Fraud
1
, First Appearance at Mag Ct
Plead guilty or not guilty Plea Before Venue, OR 2 situation where send Send immediately from
- If guilty → proceed to directly to Crown Ct w/o PBV process: Mag to Crown Ct
sentencing a. D or coD charged w/ indictable offense + either
- If not guilty → set trial way:
date 6-8wks w. i. If appearing on both charges on same
disclosure orders occasion → MUST send to Crown
ii. If not on same occasion → MAY send
b. CPS gives notice to court of serious fraud case, or
child W involved
Plea Before Venue for Either Way Offenses:
1. Clerk reads charge + explains if guilty indication then proceed to sentencing bc indication treated as guilty
plea
2. Clerk asks D for indication
3. D indicates guilty → sentencing, or commit to Crown Ct for sentencing
4. D indicates not guilty OR no indication → allocation
On Allocation, court considers:
a. Previous convictions,
b. Adequacy of Mag ct sentencing powers, +
c. What trial D and CPS want
If Mag Ct declines → send to Crown Ct
If Mag Ct accepts → D asked to consent to summary trial or move to Crown Ct → before electing, D can ask for
indication on sentencing if D would be face jail if has summary trial at Mag Ct and pleads guilty → Ct needn't
give indication, but if it does then Ct is bound if D pleads guilty
Detention
Rights of Suspect
1. Free legal advice, medical help, interpreter
a. can limit up to 36h but delay must be proportionate + Superintendent autho + indictable or either way
offense + Rgrounds that it would interfere w/ evidence
b. If free advice, DSCC det if phone call suff or need lawyer attend in person
c. If have your own paid for lawyer then ask to be in person
2. Notify someone - can limit up to 36h + inspector autho + indictable or either way offense + Rgrounds that it
would interfere w/ evidence
3. Right to silence
4. Know reason for arrest
5. Info on detention time limits
6. Inspect docs re arrest
2
, 7. Inspect PACE (police code of conduct and procedures)
Custody Time Limits - 96h max
A. 24h w/o charge - TIME STARTS ON ARRIVAL AT STATION
B. 12h extension by superintendent
C. 36h extension by court
D. 24h extension by court
- To get 12h extension at station - show:
1. Indictable or either way offense
2. Superint autho
3. Rgrounds necessary to preserve ev
4. Investigation conducted diligently and expeditiously
- To get Magistrate Ct extension - show: same grounds as above
Identification Procedure
Must be held IF: D rights during ID procedure: Objections to raise:
1. W purported to ID 1. Purpose explained 1. Fail to take into account Robjections
suspect 2. Free legal advice re appearance
2. W says he can ID 3. Sol or friend present 2. Fail to keep W away from D
suspect, OR 4. Obligations & consequences 3. Fail to keep Ws apart
3. Rchance W can ID explained: 4. Fail to warn Ws that D may not be
suspect a. Needn't cooperate present
b. Fail to cooperate raises
NEEDN'T if W knows D & saw adverse inf at trial Possible PACE breach & ev excluded →
D recently bc d.n need to test c. Changing appearance TEST: if admission would have such an
ability to identify and lower (shaving beard) raises adverse effect on fairness that it ought
chance of mistaken ID adverse inf at trial to be excl
Use if ID likely to be disputed
at trial
A. Video Identification - 8+ moving images at least 2X
- W warned D may not be present
- Must separate multiple Ws
- Must resemble in age, height, appearance, posn in life
- Conceal distinctive features
- Sol can raise Robjections
B. Identification Parade - 8+ in life that must resemble
- W warned D may not be present
- Must separate multiple Ws
- Record or color photo the line
- Sol can raise Robjections to arrangement
- D can choose posn in line
C. Group Identification - Can be secret but choose scene wisely where D would ordinarily be
- Informal group
3
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