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The CPS prosecutor opens the trial – setting out the charges and the facts in the case. Our role is to prove, based on the evidence, that the defendant is guilty. The defence doesn’t need to...
- Magistrates' Courts
- Crown Court
- Youth Court
- Sentencing
All criminal cases start in a magistrates’ court. Cases are heard by either: 1. two or three magistrates 2. a district judge There's no jury in a magistrates’ court. The district judge decides if the defendant is guilty or not and what sentence to give. A magistrates’ court normally handles cases known as ‘summary offences’, for example: 1. most mo...
Magistrates’ courts always pass the most serious crimes to the Crown Court, for example: 1. murder 2. rape 3. robbery These are known as ‘indictable offences’. A Crown Court normally has a jury which decides if the defendant is guilty or not, and a judge who decides on the sentence.
A youth court is a special type of magistrates’ court for people aged between 10 and 17. A youth court has either: 1. three magistrates 2. a district judge There is no jury in a youth court. If the defendant is found guilty then the judge, or magistrate, will decide the sentence.
A sentence can be an order to spend time in prison, to pay a fine, or to carry out unpaid work, or to do, or not do, other things. Find out more about How sentences are worked outExternal Link.
Someone charged with a crime must go to court to answer that charge. A person accused of a crime is called a ‘defendant’. The authority responsible for prosecuting the case in court is called the ‘prosecutor’. In most cases that will be the Crown Prosecution Service (CPS).
Mar 15, 2023 · It is commonplace in criminal trials for a defendant to rely on “holes” in the prosecution case, for example, a failure to take fingerprints or a failure to submit evidential material to...
Similarly, the defense section illuminates the crucial role of countering the prosecution’s case, presenting legal defenses, and navigating ethical boundaries. The comparative analysis highlights both commonalities and differences, emphasizing the impact of opening statements on jury perceptions.
For example, in a charge of GBH, the prosecution might say, “The defendant accepts punching Mr Archer and accepts causing him serious injury, but explains that he did so not as the aggressor, but rather to protect himself from attack. He therefore says that he acted in lawful self-defence.”
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Private prosecutions follow the usual criminal process – the purpose is punishment, the burden is on the prosecution to prove the case and the standard of proof is to the criminal standard – the magistrates or jury must be satisfied so that they are sure of the defendant’s guilt.
