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A Typical Criminal Case |
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The Investigation by the Police The Investigation by the Police When anyone makes a complaint of a criminal offence, the Police are under a duty to investigate it. When they have a suspect then they will usually wish to interview them, or alternatively the suspect may be 'reported' for the offence. In those circumstances the suspect may be summonsed by post to attend court. Where the suspect is to be questioned then they will either be arrested or attend at the Police Station voluntarily. Any person who attends the Police Station for an interview is entitled to free and independent legal advice. The solicitor will attempt to get as much information as possible from the police about the evidence they have and will then be able to attend with the suspect privately and advise them about the evidence and the interview procedure. A solicitor will also help to ensure that the suspect spends as little time in custody as possible. Where a suspect does not request a solicitor they will invariably be given no information about the offence prior to interview. After the interview the Police, often in consultation with the Crown Prosecution Service, must then decide on the next course of action. They can:
The charge and preparing for court If a suspect is charged they will usually be bailed to attend court. However, if the charge is serious they may keep the suspect in custody to be brought to court at the first available opportunity. The court will then decide if the suspect should be released. After charge a suspect is referred to as 'the Defendant'. This is an important stage in any criminal proceedings. Where a Defendant has not had legal advice so far they should contact a solicitor immediately. The solicitor will advise the Defendant about funding in one of three ways:
The assistance of the Court Duty Solicitor is not always available to a Defendant, and not always the most appropriate. A Court Duty Solicitor will only be able to meet a Defendant on the day of court and is only available once. They are not permitted to represent clients in certain circumstances and a Defendant will need prior advice about this. Once funding has been arranged the case must be fully prepared. This will depend on the nature of the case and the circumstances of the individual but will usually include:-
It may also include a visit to the scene of an alleged crime, instruction of expert witnesses and in more serious cases the use of a Barrister. The Plea and the Court Proceedings A solicitor will not be able to fully and properly advise a Defendant about their plea until they have been able to examine the evidence. There are times when a Guilty plea is inevitable and a Defendant will need to be represented at Court just as forcefully as if a case was being prepared for a fully contested trial. Where the offence is denied a Solicitor will usually advise a Defendant to plead Not Guilty but is required to advise about the strength of the Prosecution case in any event. A solicitor may advise that a case is evidentially weak and that a Defendant should plead Not Guilty even in the face of an apparent admission. These are legal questions and will require expert consideration. A Defendant will first appear before a Magistrates' Court. The vast majority of cases are concluded in this court and the procedure will depend on the classification and seriousness of the offence and the plea. An offence is classified by the law that creates it as Summary, Either-way or Indictable only.
When the offence is a summary offence and the Defendant pleads Guilty it will usually be concluded within one or two hearings. Summary offences can only be dealt with in the Magistrates' Court and cannot be sent to the Crown Court. The Court may need to call for a Pre-Sentence Report to assist with sentencing. The report is prepared by the Probation Service who will interview the Defendant before hand. However, if the Defendant pleads Not Guilty the case will be adjourned for a Review Hearing and then for a Trial. In a Trial the court will hear the evidence and decide upon their verdict.
An Either-Way offence can be dealt with in either the Magistrates Court or the Crown Court. Where a Guilty Plea is entered the Magistrates will hear the facts and if they decide it is too serious for their powers the case will be committed to the Crown Court for Sentence. Otherwise they will proceed to sentence as above with summary offences. In the event of a Defendant pleading Not Guilty the Magistrates will be told the facts of the allegation and if they decide that it is more appropriate that a Trial is conducted in the Crown Court then they will adjourn proceedings for the case to be committed to the Crown Court. This will take a number of weeks. At the next hearing the case should be committed and adjourned for a further hearing in the Crown Court called a Plea and Case Management Hearing. However, if they decide the case should remain in the Magistrates' Court then the Defendant will be given the choice as to whether the case should remain there or be committedto the Crown Court.
In the event of an Indictable Only offence there will only be one hearing in the Magistrates' Court to send the case to the Crown Court for a Preliminary Hearing. This hearing will usually be about a week later when either a Guilty Plea can be entered or the court can set 'directions' for the preparation of the case for Trial. As above there will then be a Plea and Case Management Hearing when the case will be further adjourned for Trial. Defendants who are aged below 18 appear before a Youth Court when they are charged with an offence, unless they are charged with an adult when their case will generally follow the adult. The rules and procedure are different and nearly all cases will be concluded here, unless the court determines that the case is a 'grave crime' in which case it will be sent to the Crown Court. Again the Crown Court deals with Youths differently than it does with adults. The powers available to the courts depend on the offence and the maximums that apply. Some offences can only be dealt with by a fine and some have mandatory life sentences (eg Murder). Some offences have other ancillary mandatory orders like disqualification from driving (eg Drink Driving). A Defendant will need advice about the most likely sentence for the offence they have been charged with, and how the proceedings may affect that advice. The maximum sentence that a Magistrates' Court can impose is generally up to six months imprisonment or a fine up to £5,000. There are exceptions. Either court has the power to impose non-custodial sentences eg Discharge and Community Orders.
Every Defendant convicted of an offence in the Magistrates' Court has a general right of appeal against conviction and/or sentence to the Crown Court. The notice must be sent to the Magistrates' Court within 21 days from the date of disposal. Time limits are strictly applied although it is possible to apply for leave to appeal outside the time limit. In certain circumstances a Defendant can also appeal to the High Court by way of case stated or for Judicial Review. In either case a Defendant will nearly always require expert representation and advice.
Appeals are to the Court of Appeal within 28 days of the decision being appealed against. There is no general right of appeal and an 'Appellant' will have to satisfy certain criteria first if the Appeal is to be heard in full. Again time limits are strictly applied but it is possible to apply for leave to appeal outside the time limit. |
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