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Overview of Criminal Law System

May 24, 2025

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.