1.6 Criminal Process

Question 1

What are the 3 types of offenses (with definitions).

Answer 1

Summary Offences: Minor offences that start and end in the Magistrates’ Court.

Triable Either Way Offences: The defendant can choose whether to have their trial in the Magistrates’ or the Crown Court, if they are pleading not guilty. It will be decided where the trial is heard at the mode of trial hearing. If the trial takes place in the Magistrates’ court, they can pass the case to the Crown Court for sentencing.

Indictable Offences: These are the most serious offences and are heard in the Crown Court. If the defendant pleads not guilty, this will be in front of a judge and jury

Question 2

Police Bail - what are the two types of police bail?

Answer 2

• Police Bail: Without charge: (maximum 28 days):
  s37 Police and Criminal Evidence Act 1984. Return to police station.
• Police Bail: Charged:
  s38 Police and Criminal Evidence Act 1984.
  Until Early Administrative Hearing at Magistrates’ Court.

Question 3

In what circumstances might Exceptions to bail be granted?

Answer 3

• Exceptions to bail: substantial grounds for believing that the suspect would commit another offence, not surrender to bail or interfere with witnesses.

Question 4

BAIL - Definition of the ‘No real prospect case’ with the applicable section and Act.

Answer 4

• s90 Legal Aid, Sentencing and Punishment of Offenders Act 2012 –
  no real prospect test.

The no real prospect test would mean that defendants should not be remanded to custody if the offence is such that the defendant is unlikely to receive a custodial sentence

Question 5

BAIL - Definition of the what factors to take into consideration with the applicable section and Act.

Answer 5

• Schedule 1 Bail Act 1976 – factors to take into consideration.

The court should consider: Nature and seriousness of offence. Character, antecedents, associations and community ties of defendant. The defendant’s previous record of being granted bail. The strength of evidence

*

Question 6

BAIL - Definition of conditional Bail with the applicable section and Act.

Answer 6

Conditional Bail – Criminal Justice and Public Order Act 1994.

Often bail is granted subject to certain conditions, which are designed to reduce the risk of further offences being committed. These may include a ban on making contact with alleged victims or witnesses, a ban on visiting certain locations, or a requirement to live at a particular address.

Question 7

BAIL - Definition of restrictions on Bail with the applicable section and Act.

Answer 7

• Restrictions on Bail: mainly contained in the Criminal Justice.

If a suspect is released on bail before they are charged, the police may restrict what they can do. For example, if a person is being investigated for assault, the police may enforce restrictions stopping them from interfering with the victim.

Act 2003 to balance protecting the public and upholding the defendant’s rights.

Question 8

What are key provisions when considering bail?

Answer 8

Key Provisions:
* s14 Criminal Justice Act 2003 (as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012)

• s19 Criminal Justice Act 2003 (as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012)
• s14 Criminal Justice Act 2003 (as amended by the Legal Aid,Sentencing and Punishment of Offenders Act 2012)
• s115 Coroners and Justice Act 2009
• Bail (Amendment) Act 1993 (as amended by the Legal

Question 9

Which Act established the Crown Prosecution Service?

Answer 9

• Prosecution of Offences Act 1985 established the CPS.

Answer 10

• Current DPP: Steven Parkinson

Stephen Lindsay Parkinson is an English solicitor and former barrister, who has been the Director of Public Prosecutions and head of the Crown Prosecution Service since November 2023

Question 11

What is the role of the CPS?

Answer 11

• Roles of the CPS: advise police on charge, review cases, prepare cases for court, present cases in court. Their main role = to decide whether to bring a prosecution.
• Casework Quality Standards outline the standards the public can expect from the CPS.

Question 12

What is the code of the CPS (3 tests)?

Answer 12

• Code for Crown Prosecutors (s10 Prosecution of Offenders Act 1986)

EVIDENTIAL TEST: Is there a realistic prospect of conviction? Evidence must be reliable, sufficient and admissible.

PUBLIC INTEREST TEST: Is it in the public interest to prosecute? A series of questions are asked to ascertain
whether this test has been satisfied.
T
HRESHOLD TEST: This is used where the Full Code fails, but the CPS believe the suspect to be too much of a risk
to be released.

Question 13

• Code for Crown Prosecutors (s10 Prosecution of Offenders Act 1986)
  EVIDENTIAL TEST: Is there a realistic prospect of conviction? Evidence must be reliable, sufficient and admissible.
  PUBLIC INTEREST TEST: Is it in the public interest to prosecute? A series of questions are asked to ascertain
  whether this test has been satisfied.
  THRESHOLD TEST: This is used where the Full Code fails, but the CPS believe the suspect to be too much of a risk
  to be released

Question 14

Court Structure

Answer 14

All criminal cases will start in the Magistrates’ court, but more serious criminal matters are sent to the Crown Court.

Appeals from the Crown Court will go to the Court of Appeal Criminal Division and potentially the UK Supreme Court.

Civil cases will usually start in the County Court.