• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Outline the ways a criminal case is conducted.

Extracts from this document...

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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Using actual situations describe the elements of actus

    Accomplice, in criminal law, any person who is in any way associated with another in the commission or attempted commission of a criminal offence. An accomplice is punishable either as principal or accessory. Under certain conditions, an accomplice is a competent witness either for or against his or her associates at every stage of the proceedings.

  2. Justices of the Peace - Magistrates Courts

    Another survey in 2003 showed that among magistrates declaring a particular political allegiance, Conservative supporters outnumbered Labour supporters by a ratio of 4:3 overall: only a few areas had Labour in the majority. 34 per cent of all those polled described themselves as Conservative, 26 per cent as Labour, 20

  1. The criminal process

    is more likely than not to convict the defendant of the alleged offence. Once the evidential test has been passed then the second stage must be considered. Put simply the public interest test just means would a prosecution be in the 'public's interest' i.e.

  2. Criminal Law (Offences against the person) - revision notes

    as real life examples of this long term abuse. Under the weight of public opinion these women were allowed to appeal. When their full story came to light about the abuse that lead to their attacks on their partners the appeal courts decided that the original trial court judges were incorrect to use the Duffy direction of a 'sudden and temporary' loss of self control.

  1. Pre Trial Procedure in Criminal Cases

    Sureties * The court and police can require a surety for bail. * This is a promise by another person to pay money if defendant fails to attend court. * The promise is called a recognisance. * Different to America where money is paid up front.

  2. The Age Of Criminal Responsibility

    A child of 10 who has committed an offence is more appropriately dealt with in the care system than in the criminal justice system. The European court says that a child must be able to participate in their own defence and I think a child of 14 is able to do that.

  1. Should juvenile offenders be treated differently to adult offenders?

    but if he continues on his way then the community will end up paying well over a million dollars to fun the policing, the courts, and the jail terms needed to service his dysfunctional life." The Juvenile Justice process in Australia involves the police, courts, Juvenile Justice Departments, young people and their families, legal advocates and Non Government Institutions.

  2. The Law Relating to Negotiable Instruments

    Crossing once made becomes a material part of the check and only the drawer of the check is entitled to cancel or open the crossing by writing the words 'Pay Cash' and cancelling the crossing along with his full signature.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work