Initial Stages of Criminal Process Flashcards
Q: In what court does the process start?
Magistrate’s court (court of first instance)- this is the first level of the judicial system.
All cases will begin here, and some will remain here, those being the less serious cases/offences (summary only).
Q: What is summary justice?
Decision of the Magistrate. They dispense summary justice, which is a quicker and less formal process.
Q: Where will more serious cases be sent to?
Magistrate’s will send the more serious cases to the Crown Court.
Q: How can the appearance of D before a Magistrates’ court be secured?
1: Arrested, charged and following CPS advice charged by the police and taken directly to court
2: Arrested and granted police bail to give the CPS time to decide whether to prosecute. CPS may then start a formal charge known as the ‘written charge and requisition procedure’.
3: Arrested and granted bail subject to a requirement to return to the police station on a specified date and might be police charged at that point once CPS have determined there is sufficient evidence. Accused will be given a requisition for when they are required to attend court.
4: Served directly with a requisition without having first been arrested
5: In the case of a private prosecution, by the laying of an information by a prosecutor before a magistrate resulting in the issue of a summons, requiring the accused to attend at court on a specified day to answer the allegation
6: Arrested and brought to court following the laying of an information by a prosecutor before a magistrate who then issues a warrant for his arrest or a warrant of arrest backed by bail where the defendant is arrested and then released on bail to attend court on a specified day
Q: What is a requisition?
A formal written requirement to attend court.
Q: What is laying of information?
The procedure by which a magistrate is informed of the offence D is accused of and for which a summons or warrant is required to get him to court.
