44 Questions
What is the primary responsibility of the police in the criminal justice process?
Arresting and questioning suspects
What is the role of the Crown Prosecution Service (CPS) in the criminal justice process?
Determining whether to bring charges against the suspect
What is the typical court where the majority of cases begin?
Magistrates' Court
What is the role of the prosecution in a trial?
Presenting its case, including opening statements and questioning of witnesses
What is the standard of proof required in a criminal trial?
Beyond a reasonable doubt
Who has the option to appeal a conviction or sentence?
The defendant
Who is responsible for investigating crimes, questioning suspects, and making arrests?
The Police
What is the purpose of the Criminal Evidence Act 1984?
To outline the decision-making process of the Crown Prosecution Service (CPS)
What percentage of cases are heard in Magistrates' Court?
94%
Who presides over the trial in Crown Court?
A judge
What is the role of the defence barrister/solicitor?
To represent the suspect/defendant in court and provide legal advice
What are the two types of appeal?
Appealing a conviction and appealing a sentence
What is the role of the Crown Prosecution Service (CPS)?
To make the decision of who to charge and with what
What is the role of the court?
To determine whether the facts are proven
What is the role of the police after an arrest?
To question the suspect further
What is the purpose of the first appearance of the defendant in Magistrates' Court?
To enter a plea
What is the primary responsibility of the Crown Prosecution Service (CPS) regarding criminal cases?
Deciding who to charge and with what
In which court does the trial typically begin?
Magistrates' Court
What is the standard of proof required in a trial?
Beyond a reasonable doubt
What are the two main types of appeal in the criminal justice system?
Appeal a conviction and appeal a sentence
Who bears the burden of proof in a trial?
The prosecution
What is a possible ground for appealing a conviction?
Errors or irregularities of procedure
Where do the majority of criminal cases initially proceed to?
Magistrates' Court
What is the primary function of the prosecution during a trial?
To present the prosecution's case and question witnesses
Who is responsible for determining whether to bring charges against an individual?
The Crown Prosecution Service (CPS)
What is the role of the jury in a trial?
To deliberate on the evidence and reach a verdict
What is the guiding principle regarding the burden of proof in a criminal trial?
The burden of proof is on the prosecution
What is the purpose of the trial process in the criminal justice system?
To determine the guilt or innocence of the defendant
Which actor in the criminal justice system decides who to charge and with what, based on evidential determination and public interest?
The Crown Prosecution Service (CPS)
What percentage of cases are heard in the Magistrates' Court?
94%
What is the primary function of the Crown Court?
Handling more serious criminal cases
What is the role of the complainant in the criminal justice system?
To bring a complaint or accusation against the suspect/defendant
What is the right of a detained person in police questioning?
All of the above
What is the purpose of the Criminal Evidence Act 1984?
To outline the decision-making process of the Crown Prosecution Service (CPS)
What is the role of the defence barrister/solicitor in a trial?
To represent the suspect/defendant
What is the purpose of the first appearance of the defendant in Magistrates' Court?
To enter a plea
What is the role of the court in the criminal justice system?
To determine the verdict and give directions as to what the law is
What percentage of Crown Court cases entered a guilty plea in 2021/22?
67%
What is the main purpose of the prosecution in a trial?
To present evidence to prove the defendant's guilt
What is the primary consideration for the Crown Prosecution Service (CPS) when deciding who to charge and with what?
Evidential determination and public interest
What is the main difference between an appeal a conviction and an appeal a sentence?
Appeal a conviction is for errors or irregularities of procedure, while appeal a sentence is for sentence-related issues
What is the role of the judge and jury in Crown Court?
To determine the facts of the case and decide the verdict
What is the main principle of a trial?
The state versus the individual
What is the purpose of the trial process?
To study wider criminal justice issues and involve key actors
Study Notes
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.
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