1. Law LA1: The Criminal Process The Criminal Process Unit 1 -AS

2. Law LA1: The Criminal Process Explain what is meant by an adversarial system Explain how offences are classified Describe the criminal court system Explain mode of trial Explain sending for trial Explain plea & case management hearings Explain disclosure & plea bargaining Assess whether plea bargaining should be allowed Explain the trial process / procedure Evaluate the system Objectives

3. Law LA1: The Criminal Process Models of criminal justice systems Herbert Packer Crime control model Due process model The Criminal Process

4. Law LA1: The Criminal Process Classification of Offences Summary Offences Offences triable either way Indictable Offences The Criminal Process

5. Law LA1: The Criminal Process Privy Council European Court of Human Rights Supreme of Court Court of Appeal High Court ( Queen’s Bench Division ) Crown Court Magistrates’ Court Leapfrog procedure Appeal by way of case stated The Criminal Court System

6. Law LA1: The Criminal Process Triable either way offences – defendant can insist on jury trial, otherwise it is up to the Magistrates How do the magistrates make this decision? Seriousness of the case Their sentencing powers Since 1996 – they must take into account the defendant’s plea Criminal Justice Act 2003, Sched.3 – magistrates will be told of defendant’s prior convictions when deciding mode of trial Mode of Trial

7. Law LA1: The Criminal Process Section 51 Crime & Disorder Act 1998 – ‘sending for trial’ hearing (old committal procedures abolished by the Criminal Justice Act 2003) ‘Sending for trial’ – indictable offences : 1.One appearance in Magistrates to determine e.g. funding of case, bail, use of exhibits & statements 2. Magistrates provide statement of evidence, notice of the offence(s) and place of trial 3.Then sent immediately to Crown Sending for Trial

8. Law LA1: The Criminal Process Criminal Procedure Rules 2005 – introduced plea & case management hearings (replaced the old plea & directions hearings) Aim : to encourage early preparation of cases & reduce ‘cracked trials’ hearings held in open court, defendant present, enter a plea – process known as the ‘ arraignment ’ If guilty plea – proceed to sentence If not guilty, prosecution & defence identify the key issues Plea & Case Management Hearings

9. Law LA1: The Criminal Process Criminal Justice Act 2003 & Criminal Procedure & Investigations Act 1996: Defence obliged to disclose all its evidence to the prosecution – including defences they intend to rely on & points of law they will raise Defence must provide names & addresses of all witnesses including experts Prosecution – continuing duty to disclose anything that might reasonably be capable of undermining the prosecution case or helps the defence case Disclosure

10. Law LA1: The Criminal Process Negotiations between the prosecution & defence e.g. defendant agrees to plead guilty to a lesser charge: Pleas bargaining very common in US and now in the English system R v Turner (1970) – judges not allowed to get involved in plea bargaining – SEE NOW R v Goodyear (2005) – defendant can request an indication from the judge as to likely sentence if they plead guilty Is plea bargaining in the interests of justice? What do you think? Plea Bargaining

11. Law LA1: The Criminal Process Burden of proof – prosecution – beyond all reasonable doubt Prosecution presents first Defence then presents their case ( unless submission of no case to answer is successful) Youth Justice & Criminal Evidence Act 1999 – measures aimed at protecting vulnerable witnesses giving evidence Each side makes closing speech Crown Court - judge sums up for the jury ss.101-103 Criminal Justice Act 2003 & R v Hanson (2005) evidence of bad character and previous convictions The Trial

12. Law LA1: The Criminal Process 1.Should evidence of bad character and previous convictions be admitted? 2.What are the arguments for and against the allowing of such evidence? The Criminal Process

13. Law LA1: The Criminal Process Cracked and ineffective trials Problems with disclosure – Criminal Procedure & Investigations Act 1996 Confession evidence & miscarriages of justice – the need for a corroboration rule Role of expert witnesses – R v Clark (2003) Treatment of victims and witnesses Role of the media – contempt of court Criticism of the System

14. Law LA1: The Criminal Process Community Justice Centres Government paper: Delivering simple, speedy, summary justice(2006) – ‘next – day justice’ Reforms

15. Law LA1: The Criminal Process 1.What is meant by an adversarial system? 2.How are criminal offences classified? 3.What is meant by mode of trial? 4.What are the disclosure rules? 5.What is plea bargaining? 6.What is the burden of proof and who must prove it? Test Yourself

16. Law LA1: The Criminal Process www.homeoffice.gov.uk www.cjsonline.org www.criminal-courts-review.org.uk – Auld’s reportwww.criminal-courts-review.org.uk Useful Websites