1.4 Criminal justice process: overview

Question 1

What are the two ways for a person to enter the criminal justice system?

Answer 1

1. They are arrested and brought before the magistrates’ court; or
2. The magistrates’ court issues a written charge and requisition to secure their attendance.

Question 2

When can police arrest someone?

Answer 2

[??]

The police can arrest someone when they have reasonable grounds to do so.

Question 3

Who can bring prosecutions?

Answer 3

1. The CPS;

2. Private individuals, but the CPS has the right to take over the prosecution and run it as it sees fit.

Question 4

What can a defendant who is found guilty of appeal against?

Answer 4

[??]

1. Conviction or
2. Sentence

Question 5

What can a defendant who pleads guilty plead against?

Answer 5

[??]

Sentence

Question 6

When can the Supreme Court hear an appeal?

Answer 6

[??]

Only where the appeal raises a point of general public importance.

Question 7

What are the two criteria for deciding whether D can have legal aid?

Answer 7

Section 17(1) LASPO 2012

(a) D’s financial resources
(b) the interests of justice

Question 8

Where are the 5 criteria for determining whether it is in the interests of justice for D to have legal aid set out?

Answer 8

Section 17(2) LASPO 2012
(a) [liberty]
whether, if any matter arising in the proceedings is decided against the individual, the individual would be likely to lose his or her liberty or livelihood or to suffer serious damage to his or her reputation,
(b) [substantial question of law]
whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law,
(c) [D cannot understand or state case]
whether the individual may be unable to understand the proceedings or to state his or her own case,
(d) [tracing, interviewing or expert XX]
whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual, and
(e) [interests of another]
whether it is in the interests of another person that the individual be represented.