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1. CRIMINAL LAW SYSTEM IN ENGLAND & WALES
Criminal law in England and Wales is designed to prosecute offenses against the state or public order , such as murder, theft, assault, or fraud.
## A. STAGES IN THE CRIMINAL JUSTICE PROCESS
1. Discovery of Crime / Uncovering of Evidence
A crime may be reported by a victim, discovered during police work, or revealed through investigations.
Law enforcement begins collecting evidence :
Physical evidence (e.g., weapons, DNA, fingerprints)
Digital evidence (CCTV, phone records)
Witness statements
If complex, specialized units may be involved: e.g., cybercrime, terrorism, organized crime units.
2. Police Investigation & Arrest
Police must follow PACE 1984 (Police and Criminal Evidence Act) , ensuring lawful conduct.
An arrest can be made with or without a warrant depending on the severity of the crime.
The suspect is:
Cautioned: You do not have to say anything...
Taken to a police station for questioning.
3. Detention and Charging Police can detain a suspect for up to 24 hours (extendable to 36 or 96 hours for serious offenses).
During detention:
The suspect is interviewed under caution
Legal advice must be made available
Crown Prosecution Service (CPS) decides whether to charge the suspect based on:
Evidential Test (Is there sufficient evidence?)
Public Interest Test (Is it in the public interest to prosecute?)
4. Magistrates Court First Appearance
All cases start in a Magistrates Court , regardless of severity.
The defendant:
Hears the charges
Can apply for bail
If its a summary offence (minor), the magistrates handle the trial.
For indictable offences (e.g., murder), the case is sent to the Crown Court .
5. Pre-Trial Procedure
Plea entered: Guilty or Not Guilty
Legal teams prepare cases:
Disclosure of evidence
Expert reports
Witness lists
If Crown Court trial: Pre-trial hearings before a judge Legal Aid may be granted depending on means and merits.
6. Trial
Magistrates Court : No jury, decisions made by 3 magistrates or a District Judge.
Crown Court :
Heard by a Judge and Jury of 12
Prosecution and defence present their cases
Witnesses are cross-examined
The jury decides guilt; the judge imposes sentence.
7. Sentencing
If convicted:
Pre-Sentence Reports may be ordered (prepared by Probation Service)
Sentences include:
Custodial sentence (prison)
Community sentence
Fines
Discharges (absolute or conditional)
Sentencing Guidelines from the Sentencing Council ensure consistency.
8. Imprisonment
If a custodial sentence is imposed:
Offender is sent to a Category A, B, C, or D prison depending on risk level.
Prison service handles the incarceration. Possible eligibility for parole or early release based on behaviour and sentence type.
# 2. CIVIL LAW SYSTEM
Civil law addresses disputes between private individuals or organizations . It is about rights and obligations and seeks to compensate rather than punish.
## Key Areas of Civil Law
Contract Law : Breach of agreements between parties
Tort Law : Claims such as negligence, defamation, nuisance
Family Law : Divorce, custody, maintenance
Property Law : Ownership disputes, leases
Probate and Wills : Distribution of a deceaseds estate
## Civil Procedure
Begins with a Claim Form submitted to a civil court (usually the County Court or High Court ).
Parties exchange:
Statements of Case (Claim, Defence, Reply)
Disclosure of documents
Witness statements
May go to trial , or often settled through:
Negotiation
Mediation Arbitration
No jury; the judge decides liability and compensation .
## Remedies in Civil Law
Damages (compensation)
Injunctions (to do or not do something)
Specific performance (e.g., enforcing a contract)
Declarations (clarifying legal position)
# 3. COMMERCIAL (COMMERCE) LAW
Commercial law governs business and trade . Its a subset of civil law, dealing with:
## Key Topics
Company law : Formation and operation of companies (regulated by the Companies Act 2006)
Contract law : Business agreements
Sale of goods : Consumer protections and terms of trade
Banking and finance law
Insolvency law : Bankruptcy, administration, liquidation
Intellectual Property law
Dispute resolution : Arbitration is common in commercial disputes
## Specialised Courts
Business and Property Courts (a division of the High Court): Chancery Division: Equity, trusts, insolvency
Commercial Court: Complex business disputes
Technology and Construction Court (TCC)
Intellectual Property Enterprise Court (IPEC)
These courts handle high-value and complex commercial disputes , often involving international parties.
# 4. THE ROLE AND STRUCTURE OF COURTS
## Court Hierarchy in England and Wales
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Supreme Court (final appeal)
Court of Appeal (Criminal and Civil Divisions)
High Court of Justice / Crown Court
Magistrates Court / County Court
## Criminal Courts
Magistrates Courts : Handle 95%+ of all criminal cases.
Crown Court : Serious criminal cases with jury trials.
Court of Appeal (Criminal Division) : Hears appeals against conviction/sentence.
Supreme Court : Final court of appeal, especially on points of law of general public importance.
## Civil Courts County Court : Most civil disputes under 100,000.
High Court of Justice : Complex or high-value claims
Court of Appeal (Civil Division) : Hears appeals from County and High Courts
Supreme Court : Final appeal, important precedents.
# 5. ADDITIONAL NOTES
## Legal Professionals
Solicitors : Handle preparation, client advice, and sometimes advocacy in lower courts.
Barristers : Specialized advocates in higher courts; instructed by solicitors.
Judges : Appointed based on experience, impartiality is crucial.
CPS : Crown Prosecution Service independent from police, makes charging decisions and prosecutes criminal cases.
## Alternative Dispute Resolution (ADR)
Encouraged in civil/commercial matters to reduce burden on courts:
Mediation
Arbitration
Conciliation
## FUNDAMENTALS OF CRIMINAL LAW
1. Elements of a Crime
Every crime consists of two key elements: Actus Reus (guilty act) The physical act or omission.
Mens Rea (guilty mind) The mental element/intention or recklessness.
Example: For murder, actus reus = causing death; mens rea = intention to kill or cause grievous bodily harm.
## FROM CHARGE TO CONVICTION STEP BY STEP THROUGH COURT
1. Pre-Trial Motions and Procedure
Once a charge is laid:
Mode of Trial Hearing (for either-way offences):
Magistrates decide if case is suitable for their court.
Defendant can choose Magistrates or Crown Court .
Case Management Hearings / Plea and Trial Preparation Hearings (PTPH) :
Held in Crown Court for indictable offences.
Sets timeline, deadlines for disclosure, witness list, expert reports.
Bail may be reviewed.
Motions and Applications :
Abuse of Process Motion (e.g. unfair trial)
Dismissal Applications (no case to answer)
Bad Character Applications (Criminal Justice Act 2003) Prosecution may try to admit previous convictions.
Hearsay Applications to admit statements made outside court.
2. Disclosure Duties
Under the Criminal Procedure and Investigations Act 1996 : Prosecution must disclose all evidence that:
Supports their case
Undermines their case or assists the defence
Defence Statement (mandatory in Crown Court):
Must outline the defences case
List alibi witnesses and issues with the prosecutions case
3. Trial Process (Crown Court)
Stage What Happens
Jury Selection 12 jurors chosen at random. Challenges for cause (bias,
conflict of interest) possible.
Opening Speeches Prosecution opens case first; Defence may wait until after
prosecution evidence.
Prosecution Case Witnesses called, cross-examined by defence. Exhibits
entered.
Submission of No Case to
Answer
Defence can argue that prosecution evidence is insufficient
for conviction.
Defence Case Defence may call witnesses, including defendant.
Cross-examined by prosecution.
Closing Speeches Each side summarizes arguments for the jury.
Judges Summing Up Judge explains law and legal tests (e.g. intent, standard of
proof).
Jury Deliberation Jury retires to deliberate. Verdict must be unanimous or
majority (11-1 or 10-2).
4. Sentencing Process
If the defendant is convicted : Pre-Sentence Report prepared by Probation Service.
Victim Personal Statement (VPS) may be considered.
Judge considers :
Aggravating factors (e.g., weapon, vulnerable victim)
Mitigating factors (e.g., remorse, cooperation, mental health)
Sentencing Guidelines (issued by the Sentencing Council )
Possible Sentences :
Custodial (e.g., life, fixed-term, indeterminate)
Suspended sentences
Community Orders
Fines
Discharges (absolute or conditional)
5. Appeals
Crown Court to Court of Appeal (Criminal Division) :
Against conviction: If unsafe.
Against sentence: If manifestly excessive.
Appeal to Supreme Court : Only on a point of law of general public importance with permission.
## OTHER CRIMINAL CONCEPTS YOU SHOULD KNOW
Concept Explanation Burden of Proof Always on the prosecution: Beyond a reasonable doubt.
Standard of
Proof
Very high; jury must be sure of guilt.
Defences Examples include self-defence, insanity, duress, automatism,
intoxication.
Inchoate
Offences
Attempt, conspiracy, or assisting a crime.
Joint Enterprise Multiple people can be found guilty if they foresaw and assisted in the
crime.