7. Pre Trial Matters and Criminal Courts

Introduction the the Criminal Courts

 

The criminal Court system deals with people who are believed to have committed an offence against Society.

 

 

Criminal Cases are brought by the state against individuals or companies. The actions involve statute authorities such as the Police or the Crown Prosecution Service. The prosecution brings the case against the Defendant also known as the accused. If found guilty the defendant is convicted of the offence and will be sentenced. The purpose is to mainly punish the offender and not compensate the victim.

The Criminal Cases Review Commission exists to review possible miscarriages of justice in the criminal courts and to refer appropriate cases to the appeal Courts.

The Criminal Procedure Rules 2005 (CrPR 2005) have the overriding objective of dealing with cases justly. This involves convicting guilty persons and acquitting those who are innocent. The Criminal Courts must do this whilst respecting the rights of all individuals involved in the process. CrPR 2005 Require the courts to actively manage the case so as to ensure that all cases are dealt with quickly and efficiently and the parties and their lawyers must co-operate fully in this process.

Describe the CPS

• The Crown Prosecution Service was established by the Prosecution of Offences Act 1985.
• Previously prosecutions were normally conducted by the Police, but it was felt that the prosecution of crime should be kept separate from the prosecution of cases
• The CPS is headed by the Director of Public Prosecutions
• After the Police charge a defendant the papers are sent to the CPS to see whether there is sufficient evidence and whether it is in the Public Interest to continue the case

Identify 3 categories of offence and which Court the trial will be heard in

Category of Offence	Place Of trial	Examples of Offences
Summary	Magistrates’ Court	Driving without insurance, Taking a vehicle without consent, Common Assault
Triable either way	Magistrates’ Court or Crown Court	Theft, Assault causing actual bodily harm, obtaining property by deception
Indictable	Crown Court	Murder, Manslaughter, Rape, Robbery