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What is the primary responsibility of the police in the criminal justice process?
What is the primary responsibility of the police in the criminal justice process?
What is the role of the Crown Prosecution Service (CPS) in the criminal justice process?
What is the role of the Crown Prosecution Service (CPS) in the criminal justice process?
What is the typical court where the majority of cases begin?
What is the typical court where the majority of cases begin?
What is the role of the prosecution in a trial?
What is the role of the prosecution in a trial?
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What is the standard of proof required in a criminal trial?
What is the standard of proof required in a criminal trial?
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Who has the option to appeal a conviction or sentence?
Who has the option to appeal a conviction or sentence?
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Who is responsible for investigating crimes, questioning suspects, and making arrests?
Who is responsible for investigating crimes, questioning suspects, and making arrests?
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What is the purpose of the Criminal Evidence Act 1984?
What is the purpose of the Criminal Evidence Act 1984?
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What percentage of cases are heard in Magistrates' Court?
What percentage of cases are heard in Magistrates' Court?
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Who presides over the trial in Crown Court?
Who presides over the trial in Crown Court?
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What is the role of the defence barrister/solicitor?
What is the role of the defence barrister/solicitor?
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What are the two types of appeal?
What are the two types of appeal?
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What is the role of the Crown Prosecution Service (CPS)?
What is the role of the Crown Prosecution Service (CPS)?
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What is the role of the court?
What is the role of the court?
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What is the role of the police after an arrest?
What is the role of the police after an arrest?
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What is the purpose of the first appearance of the defendant in Magistrates' Court?
What is the purpose of the first appearance of the defendant in Magistrates' Court?
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What is the primary responsibility of the Crown Prosecution Service (CPS) regarding criminal cases?
What is the primary responsibility of the Crown Prosecution Service (CPS) regarding criminal cases?
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In which court does the trial typically begin?
In which court does the trial typically begin?
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What is the standard of proof required in a trial?
What is the standard of proof required in a trial?
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What are the two main types of appeal in the criminal justice system?
What are the two main types of appeal in the criminal justice system?
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Who bears the burden of proof in a trial?
Who bears the burden of proof in a trial?
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What is a possible ground for appealing a conviction?
What is a possible ground for appealing a conviction?
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Where do the majority of criminal cases initially proceed to?
Where do the majority of criminal cases initially proceed to?
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What is the primary function of the prosecution during a trial?
What is the primary function of the prosecution during a trial?
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Who is responsible for determining whether to bring charges against an individual?
Who is responsible for determining whether to bring charges against an individual?
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What is the role of the jury in a trial?
What is the role of the jury in a trial?
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What is the guiding principle regarding the burden of proof in a criminal trial?
What is the guiding principle regarding the burden of proof in a criminal trial?
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What is the purpose of the trial process in the criminal justice system?
What is the purpose of the trial process in the criminal justice system?
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Which actor in the criminal justice system decides who to charge and with what, based on evidential determination and public interest?
Which actor in the criminal justice system decides who to charge and with what, based on evidential determination and public interest?
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What percentage of cases are heard in the Magistrates' Court?
What percentage of cases are heard in the Magistrates' Court?
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What is the primary function of the Crown Court?
What is the primary function of the Crown Court?
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What is the role of the complainant in the criminal justice system?
What is the role of the complainant in the criminal justice system?
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What is the right of a detained person in police questioning?
What is the right of a detained person in police questioning?
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What is the purpose of the Criminal Evidence Act 1984?
What is the purpose of the Criminal Evidence Act 1984?
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What is the role of the defence barrister/solicitor in a trial?
What is the role of the defence barrister/solicitor in a trial?
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What is the purpose of the first appearance of the defendant in Magistrates' Court?
What is the purpose of the first appearance of the defendant in Magistrates' Court?
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What is the role of the court in the criminal justice system?
What is the role of the court in the criminal justice system?
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What percentage of Crown Court cases entered a guilty plea in 2021/22?
What percentage of Crown Court cases entered a guilty plea in 2021/22?
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What is the main purpose of the prosecution in a trial?
What is the main purpose of the prosecution in a trial?
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What is the primary consideration for the Crown Prosecution Service (CPS) when deciding who to charge and with what?
What is the primary consideration for the Crown Prosecution Service (CPS) when deciding who to charge and with what?
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What is the main difference between an appeal a conviction and an appeal a sentence?
What is the main difference between an appeal a conviction and an appeal a sentence?
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What is the role of the judge and jury in Crown Court?
What is the role of the judge and jury in Crown Court?
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What is the main principle of a trial?
What is the main principle of a trial?
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What is the purpose of the trial process?
What is the purpose of the trial process?
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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.
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Description
Explore the stages of the criminal justice process, from police investigation to trial, including the role of the Crown Prosecution Service and court proceedings.