Criminal Litigation

Criminal Litigation provides students with a comprehensive exploration of the processes and procedures involved in criminal litigation within the British legal system. This course aims to equip students with a detailed understanding of criminal procedure, the roles of police and prosecutors, the dynamics of criminal litigation, and the intricacies of trial proceedings, sentencing, and appeals.

1. Criminal Procedure
Criminal procedure governs the legal framework for investigating, prosecuting, and adjudicating criminal offences. It ensures that justice is served while protecting the rights of defendants and victims. The process includes arrest, police investigation, charging decisions, pre-trial proceedings, trial, sentencing, and appeals. In England and Wales, the Criminal Procedure Rules provide structure and guidance to ensure cases are handled fairly, efficiently, and in accordance with the rule of law. The system distinguishes between summary offences (tried in the Magistrates’ Court) and indictable offences (tried in the Crown Court with a jury).

2. Arrival at Police Station
Upon arrest, a suspect is taken to a police station, where their detention is processed. A custody officer determines whether continued detention is necessary and ensures that the suspect is informed of their rights under the Police and Criminal Evidence Act 1984 (PACE). These rights include access to legal representation, medical assistance, and the right to have someone informed of their detention. The suspect’s detention must be reviewed periodically, and in serious cases, the police may seek extensions beyond the initial 24-hour limit, with judicial approval required for further detention.

3. Police Interviews
Police interviews are conducted under caution to ensure compliance with the suspect’s right to silence while warning them that silence may be used against them in court under Sections 34–37 of the Criminal Justice and Public Order Act 1994. Interviews must follow PACE Code C, ensuring fairness and preventing oppressive questioning. Interviews are audio or video recorded, and suspects have the right to legal representation. Any breaches of interview procedures can lead to evidence being excluded at trial under Section 78 of the PACE, if deemed unfair or prejudicial.

4. Police Charge
After investigation, the police or Crown Prosecution Service decides whether to charge the suspect. The Full Code Test is applied, assessing (1) whether there is sufficient evidence for a realistic prospect of conviction and (2) whether prosecution is in the public interest. If charged, the suspect is either granted bail (with or without conditions) or remanded in custody pending trial. A charge sheet is issued, setting out the offence details, and the suspect is formally informed of their legal obligations.

5. Initial Hearing
The first court appearance takes place at the Magistrates’ Court, where the defendant is informed of the charges and enters a plea. If the defendant pleads guilty to a summary offence, sentencing may occur immediately or be adjourned for reports. For indictable offences, the case is sent to the Crown Court. If the offence is either-way, a mode of trial hearing determines whether it remains in the Magistrates’ Court or is transferred to the Crown Court based on the seriousness of the offence and the defendant’s election.

6. Preparation for Trial
Before trial, both the prosecution and defence engage in case preparation, including disclosure of evidence, pre-trial legal arguments, and securing witnesses. Under the Criminal Procedure and Investigations Act 1996, the prosecution must provide the defence with all relevant evidence, including material that undermines the prosecution case. Pre-trial hearings address procedural matters such as bail, admissibility of evidence, and any legal challenges. In some cases, plea bargaining or alternative resolutions may occur.

7. Criminal Evidence
Criminal evidence includes witness testimony, forensic evidence, CCTV footage, and digital records. The burden of proof lies with the prosecution, which must prove the case beyond reasonable doubt. Certain rules govern evidence admissibility, such as hearsay and bad character evidence under the Criminal Justice Act 2003. The defence can challenge evidence through legal arguments under Section 78 of the PACE, if it is unfair or improperly obtained. Cross-examination is used to test the reliability of witnesses.

8. Summary Trial
A summary trial takes place in the Magistrates’ Court for less serious offences, such as minor assaults, driving offences, and low-value theft. The trial is conducted by a bench of magistrates or a district judge, with no jury. The prosecution presents its case, followed by the defence. If found guilty, the defendant may receive a fine, community order, or a custodial sentence of up to six months per offence (or 12 months for multiple offences). Appeals from the Magistrates’ Court are typically heard in the Crown Court.

9. Trial on Indictment
Serious offences, such as murder, robbery, and rape, are tried on indictment at the Crown Court before a judge and jury. The prosecution and defence present their cases, including examination of witnesses, legal submissions, and closing arguments. The jury determines the verdict based on the evidence presented, and their decision must be unanimous (or, in some cases, a majority decision of 10-2). If convicted, sentencing follows, with the judge determining the appropriate punishment based on sentencing guidelines.

10. Sentencing
Sentencing aims to punish offenders, deter crime, rehabilitate offenders, and protect the public. The judge considers sentencing guidelines, aggravating and mitigating factors, and the seriousness of the offence. Sentences may include fines, community orders, suspended sentences, or imprisonment. For serious crimes, life sentences may be imposed, with minimum terms set for parole eligibility. The Sentencing Act 2020 consolidates sentencing laws, ensuring consistency in how courts impose penalties.

11. Criminal Appeals
A convicted defendant may appeal against conviction or sentence. Appeals from the Magistrates’ Court go to the Crown Court (if contesting facts) or the High Court (by case stated) (if contesting a legal point). Appeals from the Crown Court are made to the Court of Appeal (Criminal Division), where convictions may be quashed, retrials ordered, or sentences reduced. In rare cases, further appeal may be made to the UK Supreme Court on points of law of general public importance. The Criminal Cases Review Commission can also refer cases involving miscarriages of justice.

Through a thorough examination of key topics, students will gain the necessary knowledge and skills to navigate the criminal justice system, ensuring a nuanced understanding of both the practical and ethical dimensions of criminal litigation.