The Arrest If someone makes a complaint to the Police that a criminal offence may have been committed they have a duty to investigate. Once someone is arrested that person ("the suspect") will be taken to the Police Station. At the Police Station the suspect is entitled to free legal advice, which we can provide. The suspect can speak to their solicitor in private and the solicitor can sit in on the police interview which will take place after the person is arrested. Once the police have carried out the interview and investigations they may decide to charge the suspect with an offence, issue a caution or release them with no further action. If the suspect is charged with a criminal offence they may be bailed to attend the Magistrates Court at a specified date or, if the Police deem it appropriate, the suspect may be be held in police custody until they appear in Court. Proceedings Once a suspect has been charged the Police will finalise taking statements from people who will give evidence against the suspect. The Police file, including all statements, will be given to the Crown Prosecution Service who will decide whether there is sufficient evidence to give a real prospect of securing a conviction against the suspect. If they decide there is they will usually pursue the prosecution. Whilst the Crown Prosecution is deciding whether to pursue the matter the suspect should meet with their solicitor. At this meeting the solicitor will decide whether the suspect is entitled to legal aid and, if so, will get them to complete and sign the relevant forms. If the suspect is not entitled to legal aid the solicitor will discuss with the suspect how the case will be privately funded and approximately how much it will cost you for represention. If the suspect does pay for the case and ends up being acquitted (or found not guilty) then they may be able to recover the costs and hence a note of expenses incurred by the suspect should be kept together with receipts if appropriate. At the same meeting the solicitor will take full instructions about what the suspect said happened and give advice to the suspect on the plea that should be entered, guilty or not guilty. The solicitor will then secure details of any witnesses who might be able to give evidence on the suspects behalf and later will meet with them to take their statements. The suspect (who after being charged will be called "a Defendant") will always appear first in the Magistrates Court, local to the area where the alleged offence was committed. It is normally at this first appearance that the Defendant is given the opportunity to plead guilty or not guilty. Types of Offences There are different types of offences, some can be dealt with straight away by the Magistrates Court, these are called Summary Offences. If a guilty plea is made at the first hearing then quite often the sentence will be given straight away and the case finalised. If a not guilty plea is made a trial will be held at a later date. Sometimes after a guilty plea is made or after a trial at which a guilty verdict is recorded the Magistrates may adjourn (put off till another date) the sentencing until they have received reports about the suspect. There are also offences called either way offences. This means that the Magistrates could deal with them if they feel able to do so or send them to the Crown Court for them to deal with. The Defendant can however choose for the case to be heard by the Crown Court. If the Defendant chooses that matter should remain in the Magistrates Court and the matter goes to trail at which the Defendant is found guilty then the Magistrates can at that point, if they think their sentencing powers are insufficient, send the matter to the Crown Court for sentence. The last set of offences are called indictable only; this means that they must be heard in the Crown Court. There are the most serious of offences. Most cases will be dealt with by the Magistrates Court. The Youth Court This Court will only deal with people under 18. Usually crimes which would be either way cases for an adult will be tried in the Youth Court. However some cases, especially serious ones, will be heard by the Crown Court. The Crown Court If a case goes to the Crown Court there will be an initial hearing called a Plea and Case Management hearing. The charge will be read out and the Defendant will be asked to plead Not Guilty or Guilty. If Not Guilty there will be a trial at a later date. Once the date has been set the Defendant and their witnesses and the Prosecution and their witnesses will be told of the date. At the trial a judge and jury will be needed. The jury will be chosen and they will promise to hear the case fairly (or be "sworn in"). The Prosecution will give their evidence first and the Defence will go second. Each side can challenge the other sides evidence by cross-examination. The Prosecutor will then give their closing speech followed by the Defence closing speech. The judge will then "sum-up" the case to the jury who will then leave the Court to decide if the Defendant is Guilty or Not Guilty. Once they agree on a verdict they will return and tell the Court what the verdict is. If it is Not Guilty the defendant is acquitted and they are free to go. If Guilty (i.e convicted) the judge will either pass sentence immediately or will adjourn until reports have been prepared. Appeals If a Defendant is convicted of an offence following a not guilty trial at the Magistrates Court the Defendant could appeal to the Crown Court against conviction and/or sentence. There is a strict procedure to be followed regarding appeals and the solicitor should advise the Defendant on these should the need arise. There is a limited right of appeal from the Crown Court but there are various grounds which must be satisfied first. |