Criminal Justice Process

The Criminal Justice Process

• The criminal justice process involves the investigation, prosecution, and trial of criminal offenses.
• It begins with the police arresting and questioning suspects.
• The Crown Prosecution Service (CPS) determines whether to bring charges against the individual based on evidence and public interest.

The Actors in the Criminal Justice System

• Suspect/defendant/offender: the individual accused of committing a crime.
• Complainant: the person who brings a complaint or accusation against the suspect/defendant.
• Police: responsible for investigating crimes, questioning suspects, and making arrests.
• Crown Prosecution Service (CPS): decides who to charge and with what, based on evidential determination and public interest.
• Defence barrister/solicitor: represents the suspect/defendant in court and provides legal advice.
• Court: Magistrates' Court and Crown Court.

The Criminal Evidence Act

• The Criminal Evidence Act 1984 outlines the decision-making process of the CPS in determining who to charge and with what.
• It sets out the criteria for making evidential determinations and considering the public interest in prosecuting a case.
• It also addresses the discretionary choices available to the police following investigation and questioning.

The Courts

• Magistrates' Court: handles the majority of cases (94%), where the defendant enters their plea.
• Crown Court: presided over by a judge and jury, determines whether the facts are proven.
• Crown Court deals with more serious criminal cases, such as those involving indictable offenses or cases transferred from the Magistrates' Court.

The Trial Process

• The prosecution presents its case first, including opening statements and questioning of witnesses.
• The defense presents its case, including witnesses and potential testimony from the defendant.
• The trial concludes with the jury deliberating on the evidence presented and reaching a verdict.

Appeals

• There are two types of appeal: appealing a conviction and appealing a sentence.
• Appeal a conviction can be based on errors or irregularities of procedure, misdirection, and other specific grounds.
• Appeal a sentence can be made when a sentence is manifestly excessive, wrong in principle or in law, or other specific grounds.

The Criminal Justice Process

• The criminal justice process involves the investigation, prosecution, and trial of criminal offenses.
• It begins with the police arresting and questioning suspects.
• The Crown Prosecution Service (CPS) determines whether to bring charges against the individual based on evidence and public interest.

The Actors in the Criminal Justice System

• Suspect/defendant/offender: the individual accused of committing a crime.
• Complainant: the person who brings a complaint or accusation against the suspect/defendant.
• Police: responsible for investigating crimes, questioning suspects, and making arrests.
• Crown Prosecution Service (CPS): decides who to charge and with what, based on evidential determination and public interest.
• Defence barrister/solicitor: represents the suspect/defendant in court and provides legal advice.
• Court: Magistrates' Court and Crown Court.

The Criminal Evidence Act

• The Criminal Evidence Act 1984 outlines the decision-making process of the CPS in determining who to charge and with what.
• It sets out the criteria for making evidential determinations and considering the public interest in prosecuting a case.
• It also addresses the discretionary choices available to the police following investigation and questioning.

The Courts

• Magistrates' Court: handles the majority of cases (94%), where the defendant enters their plea.
• Crown Court: presided over by a judge and jury, determines whether the facts are proven.
• Crown Court deals with more serious criminal cases, such as those involving indictable offenses or cases transferred from the Magistrates' Court.

The Trial Process

• The prosecution presents its case first, including opening statements and questioning of witnesses.
• The defense presents its case, including witnesses and potential testimony from the defendant.
• The trial concludes with the jury deliberating on the evidence presented and reaching a verdict.

Appeals

• There are two types of appeal: appealing a conviction and appealing a sentence.
• Appeal a conviction can be based on errors or irregularities of procedure, misdirection, and other specific grounds.
• Appeal a sentence can be made when a sentence is manifestly excessive, wrong in principle or in law, or other specific grounds.

Explore the stages of the criminal justice process, from police investigation to trial, including the role of the Crown Prosecution Service and court proceedings.