Introduction to Criminal Courts and the Criminal Process
Welcome! In this chapter, we explore how the English legal system handles criminal cases. Think of this as the "roadmap" a person follows from the moment they are charged with a crime until a final verdict is reached. It is a system designed to balance the power of the state with the rights of the individual, ensuring that justice is served fairly. Don't worry if the different court names or procedures seem confusing at first—we will break them down step-by-step!
1. The Two Main Criminal Courts
In England and Wales, nearly all criminal cases start in the Magistrates’ Court, but where they end up depends on how serious the crime is.
The Magistrates’ Court
This is the "workhorse" of the criminal justice system. Over 95% of all criminal cases are completed here.
Role: To hear less serious cases, conduct bail hearings, and deal with the early stages of serious cases.
Jurisdiction: They can only give limited sentences (usually up to 6 months in prison for a single offence). Cases are heard by Lay Magistrates (volunteers) or a District Judge. There is no jury in this court.
The Crown Court
This is where the more "famous" trials happen, involving a Judge and a Jury.
Role: To hear serious criminal trials and sentencing.
Jurisdiction: They have unlimited sentencing powers (up to life imprisonment). A Judge decides the law, and a Jury of 12 ordinary people decides the facts (guilty or not guilty).
Quick Review: Magistrates = Minor cases, no jury. Crown Court = Serious cases, Judge and Jury.
2. Classification of Offences
To know which court will handle a case, we must look at how the crime is classified. There are three categories:
1. Summary Offences: These are the least serious crimes (e.g., minor traffic offences or common assault). They are always tried in the Magistrates’ Court.
2. Indictable-only Offences: These are the most serious crimes (e.g., robbery or murder). They must be tried in the Crown Court before a Judge and Jury.
3. Triable Either-Way Offences: These are "middle-range" crimes (e.g., theft or assault occasioning actual bodily harm). As the name suggests, they can be tried in either the Magistrates’ Court or the Crown Court.
3. The Pre-Trial Process
How does a case get to the right court? The process varies based on the classification above.
Summary Offences
The process is simple: the defendant attends the Magistrates' Court for an Early Administrative Hearing. They enter a plea. If they plead guilty, they are sentenced. If not guilty, a trial date is set at the Magistrates' Court.
Indictable-only Offences
Even though these are serious, they start with a brief appearance in the Magistrates’ Court. The case is then immediately "sent" to the Crown Court for a Plea and Trial Preparation Hearing (PTPH).
Triable Either-Way Offences (The "Choice" Process)
This is a two-step process in the Magistrates' Court:
Step 1: Plea Before Venue: The defendant is asked "Guilty or Not Guilty?" If they plead guilty, the Magistrates sentence them (or send them to Crown Court if their powers are too small).
Step 2: Mode of Trial: If the defendant pleads not guilty, the Magistrates decide if they are "suitable" to hear the case.
- If the Magistrates refuse (because the crime is too serious), the case goes to the Crown Court.
- If the Magistrates say they can hear it, the defendant gets the final choice: they can stay in the Magistrates' Court or choose a Jury trial in the Crown Court.
Why choose the Crown Court? Higher acquittal rates (juries might be more sympathetic). Why choose Magistrates? It’s faster, cheaper, and has lower maximum sentences.
4. Bail: Freedom While Waiting
Bail is when a person is released from custody while they wait for their next court date or for the police to finish investigating.
Police Bail
Under the Police and Criminal Evidence Act 1984 (PACE) and the Criminal Justice and Public Order Act 1994, the police can release a suspect on bail:
- While they continue to investigate (before a charge).
- After they have charged the person with a crime.
Court Bail
The Bail Act 1976 creates a general presumption in favour of bail. This means the court must grant bail unless there are good reasons not to.
Grounds for Refusing Bail: The court can keep a defendant in custody if they believe the person will:
- Fail to turn up to court (abscond).
- Commit another offence while on bail.
- Interfere with witnesses or obstruct justice.
Factors Considered: To make this decision, the court looks at the nature and seriousness of the crime, the defendant's character and past record, and the strength of the evidence.
Bail Conditions: The court can add rules, such as:
- Residence: Living at a specific address.
- Curfew: Staying indoors during certain hours (often with an electronic tag).
- Reporting: Checking in at a police station regularly.
- Surrendering passport: To prevent the person from leaving the country.
5. The Appeals Process
If a person thinks the court made a mistake, they can appeal. The route depends on where the case started.
Appeals from the Magistrates’ Court
1. To the Crown Court: Usually for the defendant only. They can appeal against the conviction (I didn't do it) or the sentence (The punishment was too harsh). A Judge and two Lay Magistrates re-hear the case.
2. To the High Court (Administrative Court): Known as an Appeal by way of Case Stated. This is used by the prosecution or defence when they believe the Magistrates made an error regarding the law, not the facts.
Appeals from the Crown Court
1. To the Court of Appeal (Criminal Division): The defendant can appeal against conviction or sentence, but they usually need "leave" (permission). The prosecution can also appeal against an "unduly lenient" sentence or if there is new, compelling evidence.
2. To the Supreme Court: The final stop. This is only for cases involving a point of law of general public importance. Permission is very hard to get!
Key Takeaway: The appeals system ensures that errors can be corrected, protecting the principle of Fairness.
Summary Table: Which Court?
Summary: Magistrates' Court (Start to Finish).
Indictable: Starts in Magistrates', Trial/Sentence in Crown Court.
Either-Way: Starts in Magistrates', "Plea Before Venue" determines if it stays there or goes to Crown.
Common Mistakes to Avoid
1. Confusing Bail and Trial: Bail is about where you stay before the trial; the trial is about whether you did the crime.
2. Forgetting the Jury: Remember, there is never a jury in the Magistrates' Court. Juries only exist in the Crown Court.
3. Thinking the Prosecution can't appeal: While it's harder for them, they can appeal on points of law or if a sentence is way too light.
Top Tip for Exams: When discussing bail, always mention the Bail Act 1976. It shows the examiner you know the specific authority for the "presumption of bail"!