PROSECUTION AND CRIMINAL TRIAL PROCESS TRIAL PROCESSES

AIMS AND OBJECTIVES By the end of the session the student will be able to: DEFINE the jurisdiction of the Magistrates’ Court and the roles of the Magistrates and Clerk EXPLAIN how summary trials are dealt with where there is either a guilty or not guilty plea EXPLAIN how triable either way offences are dealt with DISCUSS the role of the jury and the advantages or disadvantages of the Defendant electing a trial by jury for triable either way offences EXPLAIN how indictable offences are dealt with EXPLAIN the role of the Crown Court in sentencing EXPLAIN the role of the Youth Courts

Criminal Courts All criminal cases start in either the Magistrates’ or Crown Court – known as Courts of First Instance The Court a case will be trialled in will be determined by the type of crime involved and whether it is a summary, triable either way or indictable offence

Magistrates’ Court Questions: Who sits in the Magistrates’ Court? What training do they have? What is the role of the Magistrates? What is the role of the Clerk?

Magistrates’ Courts Cases heard by lay Magistrates with the aid of a legally qualified clerk or by a District Judge Try all summary offences (relatively minor crimes) Try some triable either way offences depending on severity of crime due to limited sentencing powers Try Youth Court cases where defendants are between 10 & 17 years of age Hold first hearing for all indictable offences before sending them to the Crown Court for trial Issue warrants Deal with bail applications Also have some civil jurisdiction

Summary Trials Involve fairly petty crimes Crimes are divided into levels 1 through 5 which determines the level of fine attached Magistrates can fine up to a maximum of £5,000 Maximum sentence for 1 offence is 6 months but if a person is being tried for more than one offence Magistrates can give 2 x 6 months. CJA 2003 makes provision for increasing sentencing powers to 15 months

Guilty Pleas Over 90% of defendants plead guilty in the Magistrates’ Court so all the Magistrates will have to do is sentence the individual The CPS presents the facts and the defendant will be asked whether they agree (if not there will be a Newton Hearing to ensure the facts are established correctly)

Guilty Pleas The Magistrates will be provided with an account of the past record, character, financial security, background, etc, of the defendant. There may also be a pre-sentence report from the Probation Service or medical reports if there are mental health considerations to be taken into account.

Guilty Pleas The Defence will have the opportunity to provide details of any mitigating factors. Once all this information is presented, the Magistrates will then provide the sentence that they think is most appropriate taking all factors into account.

Not Guilty Pleas The Prosecution will present the details of the case and stating what they intend to prove Remember that it is the Prosecution that has the burden of proof in criminal cases! Witnesses will be called to give evidence to prove the points made by the Prosecution – known as the examination in chief – along with any tangible evidence available.

The Defence will be given the opportunity to cross-examine Prosecution witnesses to try to undermine the Prosecution’s case. If insufficient evidence is provided to support the case against the Defendant, the Defence can ask for the case to be dismissed at this stage. If the evidence against the Defendant is fairly strong, the Defence will then have the opportunity to present their case.

Not Guilty Pleas The Defence will present their case with any tangible evidence and witnesses in the same way as the Prosecution, allowing for cross-examination by the Prosecution. The Defendant will give evidence in most cases (since CJPOA 1994 the Magistrates can draw their own conclusions about a Defendant who does not give evidence themselves). The Defence will then have the opportunity to give a speech summing up the main points of their case and trying to persuade the Magistrates that there is no valid case against the Defendant.

Not Guilty Pleas As with guilty pleas, if the Defendant is found guilty, the same information about the their background, etc, is considered along with mitigating factors.

Triable Either Way Offences More serious offences that can either be heard in the Magistrates or Crown Court: Plea before venue – defendant pleads guilty or not guilty before the decision is made as to whether the trial will be heard in the Magistrates or Crown Court. Defendant can only choose if he pleads not guilty. Mode of trial hearing – Magistrates decide whether they want to hear the case. If they are prepared to do so, then the Defendant can choose whether he/she wants trial by jury or not. The Magistrates can still send the Defendant to the Crown Court for sentencing if a harsher sentence is required once the facts are known.

Triable Either Way Offence TASK What factors do the Magistrates take into account when deciding which Court the case should be heard in when the Defendant pleads not guilty?

Choosing Trial by Jury for a Triable Either Way Offence Answer the following questions: What are the qualifications for being a juror? How is a jury selected? Can the jury be challenged? What is the jury’s role? What are the advantages and disadvantages of jury trial?

Choosing Trial by Jury for a Triable Either Way Offence A Defendant who pleads not guilty has the right to choose a trial by jury in the Crown Court. Very few choose this option. Can you think of reasons why this might be the case? What are the sentencing powers of the Magistrates and of Crown Court Judges?

Choosing Trial by Jury for a Triable Either Way Offence Statistically, far fewer Defendants are found guilty by a jury than by the Magistrates. It takes much longer for a case to come to trial in the Crown Court which could adversely affect the Defendant, especially if he/she is on remand and is found not guilty. Remember that remand time is deducted from any subsequent sentence and Defendants generally seem to prefer time spent on remand so don’t mind the delay so much.

Choosing Trial by Jury for a Triable Either Way Offence Cases going to the Crown Court are much more expensive, although many Defendants will be entitled to Criminal Defence Service assistance. Can you remember what this is and how it works? Barristers/Solicitors representing the Defendant must have higher rights of audience. Can you remember what this is?

Choosing Trial by Jury for a Triable Either Way Offence Over recent years, the Government has made various attempts to stop the right to trial by jury in a range of situations including for people charged with triable either way offences but these attempts have largely been blocked. Should we retain the right to a jury trial? If so, why?

Cases going to the Crown Court Magistrates conduct the first hearing in ALL cases. Crime and Disorder Act 1998 s 51 - Indictable offences are then sent straight to the Crown Court for trial. Triable either way offences are followed by a plea before venue and a mode of trial hearing to determine whether the case stays in the Magistrates or is transferred directly to the Crown Court.

Committal Proceedings Prior to sentencing, where the Defendant is convicted of a triable either way offence, the Magistrates will be given a pre-sentence report with past history and details of the Defendant. At this point they may consider that their sentencing powers are insufficient so can commit the case to the Crown Court for sentencing.

Youth Courts Deal with young offenders between the ages of 10 and 17. A branch of the Magistrates’ Court. The Magistrates dealing with these cases must have special training to deal with young offenders

Cont.. Hearings are conducted in private with only those involved in the case allowed access. The press is allowed access but cannot publish names of Defendants. Young offenders can go to the Crown Court for trial in cases involving murder, manslaughter, rape or death by dangerous driving or where the maximum sentence for an adult is at least 14 years.