How does the Criminal Justice Process begin?
Either:
- Someone is arrested and brought before the Magistrates’ Court; or
- The Magistrates’ Court issues a written charge and requisition to secure their attendance.
Once in attendence, what will the Arrestee be asked to do?
Enter a plea of either:
- Guilt, whereafter the Court moves to sentencing; or
- Innocence, whereafter the Court moves to trial.
A Guilty Plea must be unequivocal. Conditional Guilty Pleas are treated as Not Guilty Pleas.
When may the Police arrest a person?
When they have reasonable grounds for doing so, following which an investigation will commence.
Which Legal Instruments govern Police conduct?
- The Police and Criminal Evidence Act (“PACE”) 1984; and
- The PACE Codes of Practice.
What is a Written Charge and Requisition?
A court order to compel a person to appear and enter a plea.
What are the Three Classes of Offence?
- Summary Only: This includes:
- All statutory offences explicitly classified as such.
- Either-Way: This includes:
- All statutory offences explicitly classified as such.
- Indictable Only: This includes:
- All matters contrary to common law, i.e. not made by statute.
- All statutory offences explicitly classified as such.
Generally, the more serious a crime, the more likely it is to be Indictable Only. These are exclusively heard in the Crown Court, whereas Summary Only offences are exclusively heard in the Magistrates’ Court.
What are the Criminal Procedure Rules (“CrimPR”)?
A series of statutory and common law provisions governing the management and operation of criminal matters.
They apply to all criminal cases in England & Wales.
What is the Overriding Objective of the CrimPR?
To deal with cases justly.
CrimPR, 1.1.
All participants in a case are expected to advance this objective.
In Criminal Litigation, what are the Exceptions to the rule against Conflicts of Interest?
There are none.
