Crime and Criminal Law Overview

Crime, Criminal Law and the Jury (1)

• Learning Outcomes: Understanding the elements of a crime, the role of the police and their powers, how a criminal case is handled in Magistrates' Court, and the role of Defence Solicitors and the Crown Prosecution Service (CPS).

Fundamental Maxim of English Criminal Law

• Actus Non Facit Reum Nisi Mens Sit Rea: An act does not make a person guilty of a crime unless their mind is also guilty. This means a criminal act must be accompanied by a guilty mind (mens rea) for liability.

Structure of a Crime

• Actus Reus: The physical act of the crime.
• Mens Rea: The guilty mind or intent required for the crime.
• No Defences: Absence of valid legal defences.

Criminal Case Procedures

• Incident Reported to Police: Initial stage where a crime is reported.
• Police Investigation: Collecting evidence, witness statements, and suspect accounts are carried out.
• Decision to Charge the Suspect: The decision to charge a suspect can be made by the CPS (Crown Prosecution Service) for more serious offences or by the police for less serious ones.
• Case in Court: If charged, a case is heard in the Magistrates Court until found guilty or not guilty.

Types of Offences

• Summary Only: Minor offences, like minor assaults, road traffic offenses, criminal damage, and public order offences.
• Indictable: Serious offences, such as murder, manslaughter, rape, robbery, and aggravated burglary.
• Either Way: Offences that can be dealt with in either the Magistrates' Court or the Crown Court, depending on the circumstances, such as theft, burglary, and drug offences.

The Police

• PACE 1984 (Police and Criminal Evidence Act): Regulates police powers and duties in the UK.
• Stop and Search: Police power to stop and search individuals.
• Arrest and Detention: Police powers to arrest individuals and policies related to questioning, detention, and treatment of persons.
• Arrest (PACE 1984): Police must have reasonable grounds to suspect involvement in a crime, give an explanation about the arrest, state the suspect is not free to leave, and identify themselves as police.
• Under 18 Arrest: If the suspect is under 18, police must inform their headteacher and contact parents/carers.

Police Station Detention (PACE 1984)

• Rights in Custody: Rights in custody at the police station, including access to free legal advice, to tell someone where they are, medical assistance, and to know the rules and rights with respect to e.g., toilet and food breaks under the code of practice.
• Custody Officer: Explaining the individual's rights and rules.

Police Station - Under 18

• Contacting Parents/Guardians: Police must attempt to contact parents, guardians, or carers of a juvenile at the police station.
• Appropriate Adult: Encouraging the attendance of an appropriate adult during questioning and searching.

Interviewing and Questioning (PACE 1984)

• Police Questioning: Suspects have a right to remain silent and Police will record the interview in detail.
• Police Caution: The police caution includes the explanation that a suspect's response during questioning is recorded, and that making statements can impact defence.

Free Legal Advice

• Right to Advice: Every individual has the right to free legal advice at the police station after arrest and before questioning.
• Options: Ask for the police station's duty solicitor, request legal advice from the defence service or ask police to contact a solicitor of choice

Role of the Solicitor

• Solicitor's Role: Explains the charges against the client (detainee) and the evidence involved.
• Solicitor's Advice: Provides advice on what to do during police interviews, possible actions (admit, deny, give their version of events, remain silent, use a prepared statement).

After Arrest and Interview

• Possible Outcomes: The suspect can be charged with a crime, released without charges, or released on bail.
• Magistrates' Court: If charged, the suspect becomes a defendant and needs to appear in front of a magistrate. A defendant in an either-way offense can choose to have the case heard by a judge in the crown court.
• Crown Court Transfer: If the offense is more serious, the case might be moved to Crown Court

Magistrates' Court

• Lay Magistrates or Judge: The magistrates' court system has lay magistrates or a district judge.
• Criminal Cases Heard:
• Hear summaries-only, and either way offences.
• Cannot hear indictable only offenses.
• No trial by jury

Magistrates' Court Sentencing

• Guilty Plea: If the defendant pleads guilty, or if found guilty, punishment usually ranges from up to six months imprisonment, a fine (with no upper limit).
• Not Guilty Plea (i.e., Acquitted): Found 'not guilty' - the defendant is free to leave, assuming no other cases are pending against them.

The Lawyers

• Defence Solicitor/Barrister: Represents the defendant at court.
• Crown Prosecution Service (CPS): Presents the case for the Crown (the state). The CPS is responsible for criminal cases investigated by the police and investigative authorities (England and Wales)