Lecture Notes: Criminal Law System in England & Wales

1. Overview of Criminal Law

• Designed to prosecute offenses against state or public order (e.g., murder, theft, assault).

A. Stages in the Criminal Justice Process

1. Discovery of Crime

• Crime reported by victim, discovered by police, or revealed through investigations.
• Evidence collected:
  • Physical (weapons, DNA, fingerprints)
  • Digital (CCTV, phone records)
  • Witness statements
• Specialized units may be involved for complex cases (cybercrime, terrorism).

2. Police Investigation & Arrest

• Governed by PACE 1984, ensuring lawful conduct.
• Arrests made with or without warrant based on crime severity.
• Suspects are cautioned and taken for questioning.

3. Detention and Charging

• Maximum detention: 24 hours (extendable for serious offenses).
• Suspect interviewed under caution with legal advice available.
• CPS decides on charges based on evidential & public interest tests.

4. Magistrates Court's First Appearance

• All cases start here.
• Defendant hears charges, applies for bail.
• Summary offenses handled by magistrates; indictable offenses proceed to Crown Court.

5. Pre-Trial Procedure

• Plea entered: Guilty or Not Guilty.
• Legal teams prepare cases (evidence disclosure, expert reports).
• Pre-trial hearings in Crown Court if required.

6. Trial

• Magistrates Court: No jury, decisions by magistrates or District Judge.
• Crown Court: Judge and Jury of 12; prosecution and defense present cases.

7. Sentencing

• Sentences include custodial, community sentences, fines, discharges.

8. Imprisonment

• Offender sent to prison based on risk level.
• Parole or early release possible.

2. Civil Law System

• Addresses disputes between individuals or organizations, focusing on rights and obligations.

Key Areas

• Contract Law, Tort Law, Family Law, Property Law, Probate and Wills.

Civil Procedure

• Begins with Claim Form in civil court.
• Parties exchange statements of case, documents, and witness statements.
• Resolved through negotiation, mediation, or arbitration.

Remedies

• Damages, injunctions, specific performance, declarations.

3. Commercial Law

• Governs business and trade; includes company law, contract law, sale of goods, and more.

Key Topics

• Formation and operation of companies, business agreements, consumer protection.

Specialized Courts

• Business and Property Courts, Commercial Court, Technology and Construction Court, etc.

4. Role and Structure of Courts

Court Hierarchy

• Supreme Court (final appeal)
• Court of Appeal
• High Court of Justice/Crown Court
• Magistrates Court/County Court

Criminal Courts

• Magistrates Courts handle 95%+ of criminal cases.
• Crown Court for serious cases.

Civil Courts

• County Court for disputes under £100,000.
• High Court for complex/high-value claims.

5. Additional Notes

Legal Professionals

• Solicitors handle preparation and advice; barristers provide advocacy.
• Judges appointed based on experience and impartiality.

Alternative Dispute Resolution (ADR)

• Includes mediation, arbitration, and conciliation to reduce court burden.

Fundamentals of Criminal Law

• Elements: Actus Reus (guilty act) & Mens Rea (guilty mind).

From Charge to Conviction

Pre-Trial

• Mode of Trial Hearing, Case Management Hearings, Bail reviews.
• Disclosure duties of prosecution under Criminal Procedure and Investigations Act 1996.

Trial Process

• Jury selection, opening speeches, prosecution and defense cases, closing speeches.

Sentencing Process

• Consideration of aggravating/mitigating factors, sentencing guidelines.

Appeals

• From Crown Court to Court of Appeal and potentially to Supreme Court.

Other Criminal Concepts

• Burden of proof on prosecution, defenses, inchoate offenses, joint enterprise.