UNIT 10 A Day in a Criminal Court

CRIMINAL LAW  concerned with behaviour, such as stealing, murder, which, though committed against an individual, is regarded as harmful to society as a whole, and action is taken against the wrong-doer in the name of society  the parties (UK):  THE CROWN – i.e. the state (represented by the prosecutor)  DEFENDANT – the person being prosecuted CRIMINAL JUSTICE is administered with the help of the police the POLICE can: - investigate a crime - apprehend suspects - detain suspects in custody

CRIMINAL PROCEDURE Criminal prosecutions are brought and conducted by a) The State - Crown Prosecution Service (CPS) CPS - established by the Prosecution of Offences Act 1985 (began operating in 1986); before 1986 prosecutions were brought by the state and conducted by the police - Crown Prosecutors b) Private individual or business (private prosecutors bring prosecutions)

STARTING PROCEEDINGS 1. the police apprehend suspects and decide whether the offender should be prosecuted 2. if so, a file is sent to the CPS 3. CPS reviews the file and decides whether there is a realistic prospect of conviction and whether a prosecution would be in the public interest 4. CPS must be sure that the evidence is legally admissible and reliable, taking account of the witnesses 5. criminal proceedings may be initiated by the serving of a requisition to appear in court (summons), or a warrant of arrest, issued by a Magistrates’ Court THE RIGHT TO SILENCE  the defendant has a right not to say anything, both in the police station and at trial  Criminal Justice and Public Order Act the silence may be adversely interpreted in the court, i.e. the silence can be taken as an indicator of possible guilt on the part of the defendant DISCLOSURE = the requirement to disclose all evidence and defence/prosecution materials to the other party in the proceedings

Starting a private prosecution a) An individual must present a written account of the alleged offence to a magistrate b) Magistrate issues a summons to be served on the defendant (if sufficient reason) c) The case is heard at the Magistrates’ Court

Categories of offences Three categories: 1 Summary offences (petty crimes) – the least serious offences always tried in the Magistrates’ Court 2 Triable either way offences – the middle range of crimes tried in either the Magistrates’ Court or the Crown Court 3 Indictable offences – more serious crimes tried at the Crown Court (the first hearing at the Magistrates’ Court), more severe penalties The type of offence affects a) the number and type of pre-trial hearings and b) where the final trial will take place

CRIMINAL COURTS IN ENGLAND AND WALES Magistrates’ Court Crown Court Court of Appeal (Criminal Division) Supreme Court of the UK High Court (Queens Bench Divisional Court)

Which court to use? CATEGORY OF OFFENCEPLACE OF TRIALEXAMPLES OF OFFENCES SummaryMagistrates’ CourtDriving without insurance Taking a vehicle without consent Common assault Triable either wayMagistrates’ Court OR Crown Court Theft Assault causing bodily harm Obtaining property by deception IndictableCrown CourtMurder Manslaughter Rape robbery

Criminal courts - The Magistrates’ Court and the Crown Court - first instance courts The role of the court: a) If defendant pleads guilty - the court decides on the sentence to be imposed on the defendant b) if defendant pleads not guilty – court tries the case and decides if the accused is guilty or not guilty STANDARD OF PROOF – in criminal trials THE BURDEN OF PROOF is on the prosecution – prosecution must prove that the defendant is guilty beyond reasonable doubt (civil trials, must prove guilt beyond reasonable doubt) Adversarial trial / Accusatorial trial (vs inquisitorial) - prosecution and defence present their cases and cross-examine each other’s witnesses; the judge oversees the trial, cannot investigate the case, cannot ask to see additional witness

Magistrates’ Courts  have jurisdiction over a variety of matters involving criminal cases; have some civil jurisdiction a) Try all summary cases 97 % of b) Try ‘triable either way offences’ all cases c) Deal with the first hearing of all indictable offences d) Deal with all side matters connected to criminal cases (issuing warrants for arrest, deciding bail applications) Presided over by MAGISTRATES: A) STIPENDIARY MAGISTRATES= Qualified District judges (chosen from among barristers of at least 7 years of experience, paid) B) UNQUALIFIED LAY MAGISTRATES – Justices of the Peace – JPs (no legal training, unpaid) – sit usually in threes and assisted by a legally qualified clerk

The Crown Court  higher criminal court; tries indictable offences  presided by a judge – High Court judges, Circuit judges and Recorders + jury  Jury decides about questions of fact  Judge decides about questions of law Criminal Procedure Rules - deal with all aspects of criminal cases - came into force in April overriding objective –’criminal cases be dealt with justly’

Appelate Courts A Crown Court B High Court of Justice - Queen’s Bench Divisional Court C Court of Appeal (Criminal Division) D Supreme Court of the UK Appeal routes: - Magistrates’ Courts - Crown Court – Queens Bench Divisional Court – Supreme Court of the UK - Magistrates’ Courts - Queens Bench Divisional Court – Supreme Court of the UK - the Crown Court – Court of Appeal (Criminal Court) – Supreme Court of the UK

A Day in a Criminal Court  Read the text in the book and complete the table. the AccusedFacts of the case sentence / final decision Case 1 some drunks Case 2 Case 3the accused committed for trial at the crown court

Essential vocabulary  to apprehend = uhititi ; detain = pritvoriti, lišiti slobode  to bring / conduct a prosecution = pokrenuti / voditi sudski postupak  to prosecute = kazneno goniti, pokrenuti kazneni progon  prosecutor = tužitelj; Public Prosecutor = Državni / Javni tužitelj  to bring a charge = podići tužbu  to serve a summons on the defendant = tuženiku predati sudski poziv  to summon to the court = pozvati na sud  disclosure = otkrivanje  to plead guilty / not guilty to the charge = priznati / ne priznati krivnju za optužbu  a charge against sb = tužba protiv nekog

 to adjourn the case = odgoditi sudski postupak  Indictable = teško kazneno djelo koje se goni po službenoj dužnosti  summary offences  to try – triable – trial = suditi – sudljiv, koji se može presu đ ivati – sudski postupak, parnica  to draw up an indictment = sastaviti optužnicu  conviction # acquittal = osuda # osloba đ ajuća presuda  to fine – a fine = novčano kazniti – novčana kazna  to accuse of – the accused = optužiti, okriviti za – optuženik, okrivljenik  to issue a warrant = izdati uhidbeni nalog  bail = puštanje na slobodu uz jamstvo

Vocabulary practice Find in the text the English equivalents for the following Croatian legal terms and expressions. 1 priznati krivnju 2 optužiti za nešto / podnijeti prekršajnu prijavu 3 platiti štetu 4 socijalni radnik koji se brine o osobama uvjetno puštenim na slobodu 5 odgoditi kaznu 6 uvjetno pustiti na slobodu / kazniti uvjetnom kaznom 7 uputiti višem sudu radi daljnjeg su đ enja 8 navodno je zgrabio …. 9 potkrijepiti i potvrditi dokaze 10 izreći kaznu 11 novčano kazniti 12 mirovni suci

Vocabulary practice – Answer key 1 to plead guilty 2 to accuse of / to bring a charge against 3 to pay for the damage 4 probation officer 5 to defer sentence 6 to put on probation 7 to commit for trial at a higher court 8 is alleged to have seized … 9 to corroborate and confirm evidence 10 to pronounce sentence 11 to fine 12 Justices of the Peace