The Criminal Courts: Procedure and Sentencing

1. The Criminal Courts: Procedure and Sentencing Procedure to Trial

2. Objectives • Identify the outline procedure to trial • Describe the procedure to trial • Apply the procedure to trial to a given situation

3. Basic Principles • Main purpose to ensure justice is carried out • Criminal Procedure Rules 2005 sets out these aspects for justice • Acquitting the innocent and convicting the guilty • Dealing with prosecution and defence fairly • Recognising the rights of the defendant (Article 6) • Respecting the interests of witnesses, victims and jurors • Dealing with the case efficiently and expeditiously

4. Basic Principles • Ensuring appropriate information available to court when bail and sentence are considered • Dealing with case in ways that take into account: • Seriousness of the offence alleged • The complexity of what is in issue • The severity of the consequences for the defendant and others affected • The needs of other cases

5. Outline procedures for summary offences • Start • Charged or • Summoned • Next • Bail or custody? • Public funding for representation? • Final • Plead guilty (sometimes by post – if • so no court appearance or • Trial • Normally starts with a summons as a result of inquiries and decision to prosecute • CPS normally takes this decision • Police only have right to charge for a few minor offences

6. Outline procedures for either-way offences • Court selection • Magistrates Court – • proceed to trial • Crown Court – sent • for trial • Trial • Plea of guilty and be • sentenced by judge • Plea of not guilty and trial • Pre-Trial • Case management hearing • First hearing is a in Magistrates court as to where the case should be heard • Called ‘mode of trial’ hearing • At this hearing both sets of lawyers make case as to where they want the trial • Magistrates Clerk and lawyers will explain to D: • His choice of plea • If he pleads guilty then they will proceed to sentence • If he pleads guilty may still be committed for sentence to Crown Court • (punishment) • If he pleads not guilty then Magistrates have to decide if their sentencing powers are • enough

7. Outline procedures for either-way offences • Court selection • Magistrates Court – • proceed to trial • Crown Court – sent • for trial • Trial • Plea of guilty and be • sentenced by judge • Plea of not guilty and trial • Pre-Trial • Case management hearing • If their powers are not sufficient then they send to Crown Court • If they can hear the case D can still elect trial at the Crown Court – D has a choice • D’s choice not straightforward • Rates of acquittal on not guilty pleas are higher at jury trials • Many D’s feel they receive a fairer trial at Crown Court • Believe that Magistrates hear inadmissible evidence, are case hardened and • accept police evidence regardless of accuracy • Jury trials have greater delays and greater defence costs • Opting for court with greater sentencing powers • Not always an easy choice and needs legal advice • Entitled to ‘advance disclosure’ or ‘advance information’

8. Outline procedures for indictable offences • First • Appear before • Magistrates • Bail and funding of • representation hearing • Final • Trial by jury at Crown Court • Then • Plea and case • management hearings • Sending for trial passes quickly through Magistrates • Straightforward and ask questions only on bail issues and who will fund D • D then gets a sending for trial order • 1st hearing is a PCMH (plea and case management hearing) • Looks at the procedures and checks that the given date is workable • Judge has managerial role here • D enters a plea – Guilty and sentencing can take place immediately • If he pleads not guilty then the defence and prosecution have to inform court of the • following:

9. Outline procedures for indictable offences • First • Appear before • Magistrates • Bail and funding of • representation hearing • Final • Trial by jury at Crown Court • Then • Plea and case • management hearings • Any issues in the case • number of witnesses and order to be called • formal admissions during process • exhibits to be produced • documents used by D during trial • any contentious points of law • questions about admissibility of evidence • Estimated length of trial • These are stated in a questionnaire • PCMH may be used to obtain indication of sentence and aid decision making • Judge give directions about process and date and post a notice of fixture

10. Bail • Bail Act 1976 gives a general right of bail • Given at police station or • Under CJA 2003 in process known as street bail • Court bail through Magistrates • If granted they are released from custody until their court date or re-appear at police station • Bail may be refused because: abscond risk; commit an offence; interfere with witnesses or with criminal process

11. Conditional Bail • Police or courts may impose requirements to ensure that trial process remains fair • Reasons for conditions should be specific and justifiable • Conditions can be surety (money) or security (asset) • Forfeited if bail is broken • D may have to surrender passport

12. Conditional Bail • Post release conditions may be imposed • Reporting to a police station • Living at a stated address • Staying away from certain places or people • Curfew and tag (court only) • If breaches conditions arrested and brought to Magistrates – lose bail and be remanded • Fail to appear at court is also a prosecutable offence

13. Unconditional Bail • If D unlikely to commit further offences • Will attend court • Not interfere with justice system • Then normally released on unconditional bail

14. Task • Research and identify the bail hearings and decisions in the current ???? case

15. Objectives • Identify the outline procedure to trial • Describe the procedure to trial • Apply the procedure to trial to a given situation

16. Plenary Peter was arrested after a person was attacked by a group of people outside a local public house. The victim suffered severe injuries and is still critically ill. Peter was one of 12 people who were interviewed about the attack, but only Peter and two others were arrested and charged with an offence. The others are likely to be witnesses who will help confirm the images captured on CCTV. Peter is not known by the police to be a man of violence, but one of those arrested and charged has a history of violent attacks. Peter had been in the pub in the company of the other two charged and knows many of the witnesses. Consider the criminal process that will be followed in Peter’s case and the factors that will be taken into account in deciding whether Peter will be granted bail or not, and, if granted, what conditions might be imposed.