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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.
A defendant in a criminal prosecution faces the potential loss of their liberty. In addition to basic due process protections, defendants have certain rights under the Sixth Amendment to the U.S. Constitution, including: Speedy and public trial. Trial by an impartial jury. Assistance of counsel.
Mar 15, 2023 · Introduction. The question whether or not to prosecute is for the prosecutor, not the court: Environment Agency v Stanford [1998] 6 WLUK 534, per Lord Bingham LCJ. However, the courts have an...
The prosecutor’s role is not merely to accept the evidence at face value but to critically assess its reliability, relevance, and potential impact on the case. This discernment is crucial for making informed charging decisions and contributes to the overall integrity of the criminal justice process.
Understand the prosecution case in the Crown Court, including service and presentation of evidence. Visit Defence-Barrister.co.uk for detailed guidance.
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Oct 5, 2020 · What are the Criminal Procedure Rules? The Criminal Procedure Rules are rules about criminal court procedure in magistrates’ courts, the Crown Court, the Court of Appeal and, in extradition...
