Criminal Courts and Lay People

A person being charged with a criminal offence receive a charge sheet detailing the alleged offence. The police then decides whether to release the accused on bail or custody.
Bail serves as a form of security, a financial sum or promise in exchange for an arrested person's freedom, with the guarantee they will attend court when required.
Custody is the state of being under arrest or held on remand in prison while awaiting trial.

S4 of the Bail Act 1976 establishes a rebuttable presumption in favour of granting bail. This means a judge will reach a particular conclusion unless evidence proving the contrary is released.
Police can release suspects on bail at the police station. Both the police and courts have authority to grant bail until the court hearing.

Suspects will have to reside at a specified address, avoid contact with certain individuals, surrender passports to prevent leaving the UK and regular meetings at the police station at agreed times.

Breach of these rules result in re-arrest and remand in prison until the court hearing.

Approx. 97% of all criminal cases are dealt with in a Magistrates’ Court.
Try summary offences and most triable-either-way offence.
Sentence defendants found guilty and conduct first hearings for indictable offences, including bail decisions and imposing reporting restrictions before transferring cases to the Crown Court.
Hear cases in the Youth Court for defendants aged 10-17.

In 1971, a system of Crown Courts was established to handle criminal cases not fully tried in the Magistrates’ Court,
Handles the most serious indictable offences and some triable-either-way offences.
Processes appeals against Magistrates’ Court convictions or sentences and cases transferred from Magistrates’ Court for trial.
Involves a jury of 12 members who determine guilt and a single judge who imposes sentences when defendants are found guilty.

Bears responsibility for prosecuting most criminal cases in England and Wales. It determines which cases should proceed to prosecution, identify appropriate charges, prepare case and present them in court.

the evidential burden test - Sufficient evidence must exist to support a prosecution.
the public interest test - the prosecution must serve the public interest.

Initial hearing in the Magistrates’ Court, then transferred to Crown Court for trial.
E.g. Murder, manslaughter, robbery, S.18 GBH

Plea before Magistrates’ Court or Crown Court.
E.g. Theft, S.20 GBH, drugs offences

Trial Court in the Magistrates’ Court.
E.g. Assault, minor criminal damage

Reserved for offenders whose behaviour is so serious that no other sentence suffices. Offenders typically serve half their sentence in prison and the remainder on licence in the community.

Offenders must complete between 40 and 300 hours of demanding work in the community or undergo treatment for issues such as drug addiction.

Aply to less serious offences and represent by far the most common sentence type. The amount imposed depends on the crime’s severity.

Court may determine that simply appearing before a judge or magistrate constitutes sufficient punishment. Conditions may apply such as staying out of trouble.

Legally unqualified persons within the criminal justice system who play important roles in decision-making processes. It consists of Magistrates and Juries.

Ordinary people who work unpaid, hearing cases who handle the majority of criminal cases.
Sit in benches of three, including two ‘wingers’ and a Presiding Justice who acts as Chair.
Listen to evidence presented in court and follow structured guidelines in their decision-making.
Try summary and triable-either-way offences, sentence guilty defendants, or transfer cases to the Crown Court for sentencing.
Conduct preliminary hearings.
Impose fines, community order, bans, suspended sentence etc.

Only approx. 2% of criminal trials employ juries.
They sit in the Crown Court as a panel of 12 persons.
Decide only the verdict - guilty or not guilty.
Determine the facts of the case.
Listen to the judge who directs jury on points of law.
Operate independently without fear of pressure from judges to convict or reach hasty verdicts. Bushell’s Case (1670)

Privacy of decision-making.
OPen system of justice
Public confidence - Traditional concept of being judged by ordinary members of society rather than professsional judges instils public trust.

Slow and expensive - explaining points of law takes time and cost involving judges and legal personnel.
Unpopular - Compulsory nature of jury service means many jurors would prefer not to serve due to impact on family life.