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Criminology unit 3 crime scene to courtroom notes
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These are the notes that I used in my controlled assessment for unit 3 of criminology (crime scene to courtroom) I got a B on my controlled assessment
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LO2 Understand the process forprosecution of suspects
AC2.1 Explain the requirements of the Crown Prosecution Service (CPS) for
prosecuting suspects
Requirements
Charging role Criminal Justice Act 2003
CPS advised police in their investigations about lines of enquiry and what evidence may
be required to build a case. Independently assess the evidence that has been submitted
by the police and decided whether to prosecute, and so what charged are to be brought
against the suspect
Under this act, the CPS issues a written charge accompanied by a notice informing
defendant when they are required to appear in court, then goes onto prepare and present
the prosecution case in court.
Prosecution of Offences Act 1985
CPS, main public prosecutor in England and Wales, set up in 1986 under the
Prosecution of Offences Act 1985, as the CPS took over the prosecuting role from the
police as there was a risk of bias in allowing the police to investigate and prosecute cases.
Though the police do still prosecute some very minor offences, but the CPS prosecutes all
serious and complex cases.
Full Code Test
For the CPS to prosecute, must normally first pass this.
Test applied once the police have completed all reasonable lines of enquiry, and is made
up of two separate stages/tests;
1. Evidential test
2. Public Interest Test
, AC2.2 Describe trial processes
Processes
Pre-trial
Pre-trial matters are the decisions that the magistrates court takes before a trial
Pre-trial review: Usually deal with points of law such as whether certain evidence is
admissible
Plea: Before trial begins, defendant will be read out the charge and asked to plead wither
guilty or not guilty
Bail
Temporary release of accused person while awaiting trial.
Because all defendants are presumed ‘innocent until proven guilty’ under section 4 of the
Bail Act 1976, which makes the general presumption that everyone has the right to bail
Following arrest at the station, accused may be granted police bail and release. Custody
officer may refuse bail if the accused’s name and address can’t be established. Same as
the court can also grant bail after the plea has been made.
Are two types of bail:
Unconditional: Court imposes no conditions except to attend court as required
Conditional: Court imposes conditions that defendant must agree to before
release
Remand in custody: If court refuses bail or defendant breaches conditions, may be
remanded in custody until their trial
Roles
Jury;
If defendant pleads not guilty, case heard by 12 jurors – members of public
Role is to listen to all the evidence and to defence and prosecution arguments. Examine
exhibits of physical evidence and may take notes during the trial, can ask questions (via
judge)
Retire to jurors’ room to consider verdict, normally expected to produce unanimous verdict,
though judge may accept majority verdict
Judge:
Presides over Crown Court
Ensures that trial is fair and to protect defendants’ human rights, advise jury on points of
the law, court procedures and their duties, acts as referee between defence and
prosecution. English Legal System based on adversarial principle, both sides put their
case before the jury to decide. Pass sentences if the accused is found guilty. Where there
is danger of jurors being bribed or intimidated, Criminal Justice Act 2003 permits judge
to try a case without a jury
Plea bargaining
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