Outline the ways a criminal case is conducted.

There are three types of offences that a defendant can be charged with. These are summary offences, tried at the Magistrates Court and are cases like common assault, driving offences and criminal damage where the damage costs less than £5,000. Triable either way offences, tried at Magistrates Courts if the defendant pleads guilty and the Crown court if the defendant pleads not guilty. Offences included are theft, actual bodily harm and obtaining property by deception. Indictable offences are the most serious, they are tried at Crown Courts and include offences such as murder, manslaughter and rape.

The Magistrates Court deals with cases that have a connection within its area. They try all summary cases and all triable either way offences that have been decided to be dealt with there, these two are the main work that happens at a Magistrates Court. 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.

When a case is sent to the Crown Court it must be officially sent from the Magistrates Court. In triable either way offences committal proceedings are used in indictable offences they are not used.

Magistrates Courts also deal with young offenders aged 10-17. Children under 10 cannot be charged with a criminal offence. In some rare cases young offenders are tried at a Crown Court but only when charged with murder, manslaughter, rape and causing death by dangerous driving. All cases in a Youth Court are private and press cannot publish names or identifiable information. There must be a parent or guardian present for offenders aged under 16.

In a case that is going to the Crown Court an indictment is written out which sets the charges against the defendant. After there is a plea and directions hearing. This is when the defendant tells the court if they are pleading guilty or not guilty. If they plead guilty they are sentenced immediately. 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