Crime, Criminal Law, and the Jury (1) IFP0650 PDF

IFP0650 CRIME, CRIMINAL LAW AND THE JURY (1) Navya Chanolien Learning Outcomes Understand the elements of a crime Understand the role of the Police and their powers Understand how a criminal case is dealt with in the Magistrates Court Understand the role...

IFP0650 CRIME, CRIMINAL LAW AND THE JURY (1) Navya Chanolien Learning Outcomes Understand the elements of a crime Understand the role of the Police and their powers Understand how a criminal case is dealt with in the Magistrates Court Understand the role of the Defence Solicitor and the Crown Prosecution Service ( CPS) One of the fundamental maxims of English criminal law is: actus non facit reum nisi mens sit rea which, in English, is: an act does not make a person guilty of a crime unless their mind is also guilty. 3 Crime Actus Mens Rea No Reus Defences 4 So in a criminal case: The Prosecution must prove the elements of the offence (actus reus and mens rea) AND must disprove the facts in issue raised by the Defence. This means that the Prosecution carries the burden to prove ‘Beyond Reasonable Doubt’ (the standard of proof).  Incident reported to the Police Police investigation- Collect evidence, witness statements, Suspect’s accounts etc. Decision to charge the suspect -If more serious offences: decision by Crown Prosecution Service. -If less serious: decision by police. Case is heard in Court! Guilty/Non guilty? Example Offences Summary Only Indictable Minor assaults Murder and Manslaughter Road traffic offences Rape and other sexual Criminal damage offence Public Order offences Robbery Aggravated Burglary Either Way Theft Burglary Drug Offence  Incident reported to the Police Police investigation- Collect evidence, witness statements, Suspect’s accounts etc. Decision to charge the suspect -If more serious offences: decision by Crown Prosecution Service. -If less serious: decision by police. Case is heard in Court! Guilty/Non guilty? The Police The powers and duties of the Police in the UK are regulated under The Police and Criminal Evidence Act 1984 ( PACE) PACE details the powers of the Police in relation to : Stop and Search Arrest Detention Questioning and Treatment of persons The Act is also a comprehensive guide to help the Police in terms of their role and obligations. Arrest ( Part III PACE 1984) Police powers of arrest: To arrest an individual the police need reasonable grounds to suspect involvement in a crime for which arrest is necessary. The police have powers to arrest an individual anywhere and at any time, including on the street, at home or at work. Arrest ( Part III PACE 1984) The police arrest procedure -the police must: identify themselves as the police tell an individual they are being arrested tell an individual what crime they think they have committed explain why it is necessary to arrest the individual explain that the individual is not free to leave Arrest ( Part III PACE 1984) If an individual is under 18 the police should only arrest them at school if it’s unavoidable, and they must inform their headteacher. The police must also contact their parents, guardian or carer as soon as possible after their arrival at the police station. If an individual tries to escape or becomes violent, the police can use ‘reasonable force’, for example holding an individual down so they cannot run off. An under 18 can also be handcuffed. The police have powers to search an under 18 once they have been arrested. In the Police Station Detention ( Part IV PACE 1984) Rights in Custody The custody officer at the police station must explain an individual's rights to : access free legal advice tell someone where they are have medical help they are feeling ill see the rules the police must follow (‘Codes of Practice’) see a written notice telling them about their rights, e.g. regular breaks for food and to use the toilet (they can ask for a notice their own language) or an interpreter to explain the notice Individuals will be searched, and their possessions will be kept by the police custody officer while they are in the cell. In the Police Station ( Under 18) Young people under 18 and vulnerable adults The police must try to contact a parent, guardian or carer if the suspect is under 18 or a vulnerable adult. They must also find an ‘appropriate adult’ to come to the station to help the individual and be present during questioning and searching. An appropriate adult can be: A parent, guardian or carer A social worker Another family member or friend aged 18 or over A volunteer aged 18 or over The National Appropriate Adult Network provides appropriate adult services in England and Wales. Interviewing and Questioning ( Part V PACE 1984) Rights when being questioned The police will question the suspect - this will be recorded. An individual does not have to answer the questions but there could be consequences if they do not. The police must explain this and read the police caution: “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.” A Solicitor will be present with you during the interview and give advice throughout the process. Free Legal Advice Legal advice at the police station Every one has the right to free legal advice Individuals must be told about their right to free legal advice after they have been arrested and before they are questioned at a police station. Options : ask for the police station’s ‘duty solicitor’ - available 24 hours a day and independent of the police Request legal advice from the defence service - the police will contact the Defence Solicitor Call Centre (DSCC) ask the police to contact a solicitor of choice Role of the Solicitor in the Police Station The Solicitor talks to the Police and finds out the evidence they have. This process is called ‘ disclosure’ The Solicitor checks the Custody Record to make sure the Police have complied with the provisions on PACE 1984 The Solicitor explains to their client ( the Detainee) what the Police are accusing them of and the evidence they have against them. The Solicitor takes their Client’s instructions The Solicitor advises the Client on what to do or say in police interview They may advise a Client to : a) Admit the offence b) Give their version of events - deny c) Remain silent ( No comment) d) The Solicitor may read a After Arrest and Interview Following interview, a suspect may be charged with an offence, released without charge or released on bail pending further enquiries. If charged with an offence, the suspect becomes the Defendant and has to appear before the Magistrates Court. If the offence is more serious the case may be transferred to the The Magistrates Court The Lay Magistrates hear cases – they usually sit as a panel of 3 or a District Judge. They can hear cases with involve Summary only offences and Either way offences. A Defendant can chose to have an Either way offence heard in the Crown Court. They cannot hear Indictable only offences – these cases are transferred to the Crown Court to be heard by a Judge The Magistrates and Sentencing If the case is to be dealt within a magistrates’ court, the defendant(s) are asked to enter a plea. If they plead guilty or are later found to be guilty, the magistrates can impose a sentence, generally of up to six months’ imprisonment for a single offence (12 months in total), or a fine of an unlimited amount. If found not guilty (‘acquitted’), defendants are judged innocent in the eyes of the law and will be free to go – provided there are no other cases against them outstanding. The Lawyers The Defendant’s Solicitor/Barrister will represent him/her at Court. They will continually advise their client throughout the whole process The Crown Prosecution Service Solicitor will present the case on behalf of the Crown. R v Smith. The CPS is responsible for prosecuting criminal cases investigated by the police and other investigative authorities, in England and Wales.