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Outline the ways a criminal case is conducted.

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Introduction

Outline the ways a criminal case is conducted. When a case is being investigated the police have to get advice from the Crown Prosecution Service (CPS). This is to avoid cases being brought unnecessarily to court. The CPS also review all cases passed to them and find out if there is sufficient evidence to continue. This avoids weak cases being taken to court. Additionally the CPS are responsible for cases once they have been passed to them. They conduct the prosecution of cases in the Magistrates Court and conduct cases in the Crown Courts. The CPS have to carry out two tests before deciding whether a case should continue and go to court. The first is the Evidential Test. This test's how reliable and strong the evidence for each case is and how likely the jury are to convict. The other test is the Public Interest Test. This covers reasons for and against prosecution and depends on each case. ...read more.

Middle

They also take an initial look at evidence in triable either way offences, deal with the first hearing of indictable offences, work with all side matters connected with criminal cases and try cases in the youth court. In triable either way offences when a defendant pleads not guilty they can choose trial by jury in a Crown Court. Less than one in twenty choose this even though the decision of guilt or innocence is made by the jury which gives a better chance of acquittal. There are many reasons for and against the right to choose trial by jury. Some of the reasons against are that it takes much longer before the trial, it is more expensive and there is time wasted because many defendants choose trial by jury but then plead guilty. Two Bills were introduced into Parliament to get rid of this right however they were voted against both times by the House of Lords. ...read more.

Conclusion

If they don't directions are given to organise the actual trial. At the trial the defendant is normally represented by a barrister, but they can also represent themselves. During the trial the prosecution make an opening speech about what the case is and what they intend to prove. They bring out witnesses who give evidence and are cross-examined by the defence. The defence then make their opening speech, but only if they intend to call evidence other than the defendant. Defence witnesses then give evidence and are cross-examined by the prosecution. The defence and prosecution then make closing speeches followed by the judges summary. Once the jury have made their decision it is announced in open court. If they announce the defendant is guilty they are charged, if they announce not guilty they are discharged. When a defendant has been charged they are able to appeal against a conviction and/or sentence to the Court of Appeal. Law Maria Fisher ...read more.

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