W1 Flashcards
What is the overriding objective of the Criminal Procedure Rules?
The overriding objective of the Criminal Procedure Rules is to deal with criminal cases justly. This includes acquitting the innocent and convicting the guilty, dealing with the prosecution and defense fairly, recognizing the rights of the defendant, respecting the interests of witnesses, victims, and jurors, and ensuring efficient case management.
What are the duties of participants in a criminal case according to the Criminal Procedure Rules?
Each participant in a criminal case must prepare and conduct the case in accordance with the overriding objective, comply with the rules and directions of the court, and inform the court and all parties of any significant failure to take procedural steps required by the rules. A failure is significant if it might hinder the court in furthering the overriding objective.
How does the court apply the overriding objective in the management of criminal cases?
The court must further the overriding objective when exercising any power given to it by legislation, applying any practice direction, or interpreting any rule or practice direction. The court’s case management powers are wide and aim to ensure effective case management, including establishing disputed issues, setting timetables, and considering witnesses.
What is the purpose of case management in criminal cases?
Case management in criminal cases aims to ensure effective preparation and progression of the case. It involves identifying the real matters in dispute, presenting evidence in a clear and concise manner, discouraging delay, encouraging cooperation among participants, issuing directions, and imposing sanctions for non-compliance.
What are the possible sanctions if a party fails to comply with the Criminal Procedure Rules or court directions?
If a party fails to comply with the rules or directions, the court may fix, postpone, bring forward, extend, cancel, or adjourn a hearing. The court can also make costs orders, refuse to allow the party to introduce evidence, declare evidence inadmissible, or draw adverse inferences from late introduction of issues or evidence.
How does the court encourage case preparation and conduct of a trial in accordance with the Criminal Procedure Rules?
The court expects cases to progress without unnecessary delay and requires active assistance from the parties. It allows cases to proceed in a defendant’s absence if necessary and sets timetables, considers witnesses, and limits the duration of hearings. Rule 3.13 specifically deals with the conduct of a trial or an appeal.
What are some examples of summary only offences?
Examples of summary only offences include assault, battery, and simple criminal damage where the value is £5,000 or less. Attempted commission of a summary only offence is also treated as a summary only offence.
What are some examples of either-way offences?
Examples of either-way offences include theft, burglary, fraud, assault occasioning actual bodily harm, wounding or inflicting grievous bodily harm, and simple criminal damage where the value exceeds £5,000. Attempts to commit either-way offences are also triable either way.
What are some examples of indictable only offences?
Examples of indictable only offences include robbery, wounding or causing grievous bodily harm with intent, aggravated burglary, aggravated arson, aggravated criminal damage, murder, and involuntary manslaughter. Attempts to commit indictable only offences are triable only on indictment.
What is the maximum sentence for criminal damage when tried as a summary only offence?
The maximum sentence for criminal damage when tried as a summary only offence is three months’ imprisonment or a fine at level 4 on the standard scale.
What happens if the value of the criminal damage is over £5,000?
If the value of the criminal damage is over £5,000, the offence(s) are triable either way. If they are tried in a magistrates’ court, then the maximum sentence is twelve months’ imprisonment or a fine at level 5 on the standard scale. The defendant can be committed for sentence.
What happens if the value of the criminal damage is uncertain?
When the value of the damage is uncertain, the defendant is asked if they consent to be tried summarily. If they consent, the trial will take place and the maximum sentence will be limited to three months or a level 4 fine. If the defendant does not consent, the offence(s) will be treated as either-way, and higher sentencing powers will apply on conviction.
What is the classification of low-value shoplifting?
Low-value shoplifting, where the value does not exceed £200, is now said to be a summary only offence. However, the statute still allows an adult defendant to elect trial in the Crown Court. Therefore, shoplifting should continue to be treated as a theft, which is an either-way offence.
What happens if a defendant pleads guilty?
If a defendant pleads guilty, the court moves to sentence. The defendant’s plea will be taken into account when determining the appropriate sentence.
What happens if a defendant pleads not guilty?
If a defendant pleads not guilty, there will be a trial, and the court will come to a verdict. If the verdict is guilty, the defendant must be sentenced. If the verdict is not guilty, the defendant is acquitted of the charge and is free to go.
What is the structure of the criminal courts in England and Wales?
The criminal courts structure in England and Wales includes the magistrates’ court, Crown Court, and youth court. All cases start in the magistrates’ court or the youth court and can progress to other courts depending on the classification of the offence.
What happens after a defendant is charged?
After a defendant is charged, they will appear before the local magistrates’ court where matters relating to bail, public funding, or other administrative preliminaries will be dealt with. The case is then sent to the Crown Court if it is an indictable only offence or an either-way offence.
What is the role of the magistrates’ court?
The magistrates’ court is a court of summary jurisdiction. It deals with all matters in their court, including bail, plea, allocation, trial, the admissibility of evidence, and sentence. It must try all summary only matters and may try any either-way matters.
What is the role of the Crown Court?
The Crown Court is presided over by a circuit judge or a part-time judge called a recorder. The judge is responsible for all matters in court except determining guilt. Guilt is decided by a jury at trial, and the judge is known as the arbiter of law. The Crown Court also hears appeals from the magistrates’ court and youth courts.
What is the purpose of a plea before venue hearing?
The purpose of a plea before venue hearing is to determine whether the defendant should be tried in the magistrates’ court or the Crown Court.
What happens if a defendant indicates a guilty plea during a plea before venue hearing?
If a defendant indicates a guilty plea during a plea before venue hearing, they will be dealt with as if convicted and there is a presumption that the magistrates will sentence the defendant. However, if the nature of the offense and the defendant’s previous convictions suggest that the magistrates’ limited sentencing powers are not sufficient, the matter may be committed to the Crown Court for sentence.
What factors are considered when deciding whether a trial should be held in the magistrates’ court or the Crown Court?
When deciding whether a trial should be held in the magistrates’ court or the Crown Court, the magistrates will hear representations from both the prosecution and the defense. They will consider the nature of the offense and any previous convictions of the defendant. The decision is based on whether the case should be one of summary jurisdiction (tried in the magistrates’ court) or a trial on indictment (tried in the Crown Court).
What is the purpose of the allocation process in a plea before venue hearing?
The purpose of the allocation process in a plea before venue hearing is to determine whether the trial should be one of summary jurisdiction (tried summarily in the magistrates’ court) or a trial on indictment (tried in the Crown Court). This process is conducted in accordance with the Magistrates’ Court Act and the advocates and magistrates refer to the Allocation Guideline.
What factors are considered when deciding whether a case should be tried summarily in the magistrates’ court or sent to the Crown Court?
When deciding whether a case should be tried summarily in the magistrates’ court or sent to the Crown Court, the magistrates consider the seriousness of the offense, the complexity of the case, and the sentencing powers of the magistrates’ court compared to the Crown Court. The more serious the nature of the offense, the more likely the case will be considered unsuitable for trial in the magistrates’ court and sent to the Crown Court instead.
