Unit 10

A Day in a Criminal Court

 Criminal law
Criminal law the part of law concerned with
the punishment of offences defined as crimes
by the law.

Offences can be directed against:

- a person,
- property,
- the State and public order.

 One can seek protection through the criminal court (family

violence, stealing)  intervention of the police who bring the
charge.
 „Roles” in the criminal procedure
- THE CROWN – i.e. the state
e.g. R v Collins – the Crown against Collins

R stands for ‘Regina’, i.e. ‘Rex’, latin: Queen or King

- DEFENDANT – the person being prosecuted, the alleged

criminal
- the STATE is the prosecutor, has interest in fighting
crime
- the POLICE investigate a crime, apprehend suspects
and detain them in custody, criminal justice is administered
with the help of the police
 Criminal proceedings
STANDARD OF PROOF

 in criminal trials, the burden of proof is

on the prosecution, who, unlike in civil
trials, must prove guilt beyond
reasonable doubt
 Hierarchy of criminal courts

Supreme Court

Court of Appeal
(Criminal Division)

-the first instance for more

Crown Court
serious cases

Magistrates’ Court
making
an appeal
 Categories of criminal offence
 There are three categories of criminal offence in the UK:

1. Summary offences (or petty crimes)

 least serious criminal offences; triable in magistrates’ courts;
jury trial not available

2. Indictible offences
 most serious offences, triable in the Crown Court; more
severe penalties are available: trial by jury

3. Triable either way

 criminal offences triable either in magistrates’ court or in the
Crown Court
 Summary offences
 95% of criminal cases are categorized as
summary offences and dealt with by magistrates’
courts
 these offences include: traffic violations, drunk
and disorderly behaviour, assaults, minor
criminal damage cases, cases prosecuted by
government departments or agencies
 if the defendant pleads guilty upon being charged,
court appearance is avoided
 ‘No case to answer’ also available
 Indictable offences
 serious offences, such as rape, murder, fraud etc.
 trial by indictment – the Crown Court – before a jury
 pre-trial legal argument stage – beneficial for the
accused because the case can be dismissed before trial
due to unreliable evidence or witnesses
 the judge has to assess whether the evidence is
sufficient for a possible conviction by jury
 if a ‘not guilty’ plea is entered, and the evidence is
considered reliable, the case proceeds to trial
 Triable either way
 these offences include theft, drug offences, some
acts of violence against the person
 the defendant given the option to select the mode of
trial – summary trial or trial on indictment in the
Crown Court (before a jury)
 they must be well informed of the procedures and
possible penalties for each of the modes
 the court may, on the other hand, deem the case too
complex or serious and refer it to the Crown Court,
seeing as more severe penalties are available there
 Available sentences
1. a discharge (conviction without punishment)
2. a fine
3. a community service order (doing unpaid work,
receiving treatment for addictions, rehabilitation programmes,
supervision)

4. a custodial (prison) sentence

5. a suspended prison sentence (probation)
- prison sentence activated only if the convict reoffends within a certain
period of time
 Magistrates’ Courts
(formerly the police courts)
- presided by magistrates or justices of peace
(usually three lay magistrates, assisted by a clerk
who advises them on legal points)
- (nominated by local advisory committees and appointed by the Lord
Chancellor), no professional legal training but course attendance

- presided by stipendiary magistrates in large cities.

They can sit alone.
- (barristers; at least seven years of work experience)
 Crown courts
- higher courts deal with more serious cases
- presided by a judge (sometimes assisted by
local magistrates)
- presence of barrristers
- juries decide about questions of facts
- judges decide about questions of law and
decide the sentences.
 Connect legal terms with their definitions.
to bring the The judgement pronounced in a civil or criminal
charge proceeding.
podnijeti prekršajnu
prijavu
to plead guilty To deliver judgement; to give one’s opinion.
priznati krivnju
sentence To accuse of a crime.
kazna
to pronounce To issue a probation order, a person is under the
izreći, proglasiti supervision of a probation officer for a period from
one to three years.

to put on To confess liability or guilt.

probation
pustiti uvjetno na
slobodu
 Expressions from case descriptions.
 to fine
 a fine
 to accuse / be accused of ...-ing (stealing)
 to admit one’s guilt
 to defer sentence for a period of time
 to make / lodge a complaint
 to corroborate evidence
 to commit to a higher court
 a committal
 Examples: case 1

the accused: drunks picked by the police

- quickly solved formalities

- they plead guilty

- they are fined

 Read and analyse the case 2
Who is involved?
What did the accused do?
What do the magistrates ask the guilty?
What is the final decision of the
magistrates?
 Describe the case 3
The third case is an example of...
The court has to decide...
Both sides have...
The accused has assulted the policeman
by...
The final decision of the magistrates is to...
 COMPARING CIVIL & CRIMINAL CASES
CIVIL CRIMINAL

PARTIES 1. prosecutor (usually the 1. claimant (injured party)

state)
2. Defendant 1. Defendant

PURPOSE - to prosecute and punish an - to obtain a remedy for a

offender for a crime committed wrong committed
- to prove GUILT
- to establish LIABILITY
STANDARD - beyond reasonable doubt - balance of probabilities
OF PROOF
1. non-custodial sentences 1. damages (compensation
fine (paid to the state) for damage/injury/loss,
REMEDIES community service paid to the claimant)

2. custodial sentence 2. injunction (prohibition of

(imprisonment) harmful conduct)