Criminal Practice

Criminal Practice is designed to provide students with an in-depth exploration of the practical aspects of criminal law, procedure, and litigation. This course aims to equip students with the knowledge and skills necessary to navigate the complexities of criminal practice, from police investigations and prosecution to courtroom proceedings, sentencing, and appeals.

1. Criminal Procedure
Criminal procedure refers to the legal framework governing the investigation, prosecution, and trial of criminal offences. It ensures that justice is administered fairly, balancing the rights of the accused with public interest in crime prevention. The process begins with a police investigation, followed by potential arrest, charge, and court proceedings. Depending on the offence's severity, cases are handled in the Magistrates’ Court or the Crown Court. Throughout the procedure, safeguards such as the right to legal representation, rules on evidence, and fair trial principles are maintained to uphold justice.

2. Arrival at Police Station
When a suspect arrives at the police station following an arrest, several procedural steps take place. The custody officer assesses whether there are grounds to detain the suspect and ensures compliance with the Police and Criminal Evidence Act 1984 (PACE). The suspect must be informed of their rights, including free legal advice, the right to remain silent, and the right to inform someone of their detention. The police may take fingerprints, photographs, and DNA samples. Detention must be justified and periodically reviewed to prevent unlawful confinement.

3. Police Interviews
Police interviews are conducted to obtain evidence from suspects under caution, ensuring compliance with PACE and the Codes of Practice. The caution informs suspects that they have the right to remain silent, but adverse inferences may be drawn from silence in certain circumstances. Interviews must be recorded, and suspects can have a solicitor present. Vulnerable individuals, such as minors or those with mental impairments, require an appropriate adult. Interviewing officers must not use oppression or inducements to obtain confessions, as such conduct may render evidence inadmissible in court.

4. Police Charge
A police charge is the formal accusation of a suspect following an investigation. The Crown Prosecution Service typically decides whether to charge a suspect based on the evidential and public interest tests. The evidential test assesses whether there is a realistic prospect of conviction, while the public interest test considers factors such as the severity of the offence and its impact on society. Once charged, the suspect is either released on bail or remanded in custody, awaiting their initial court appearance.

5. Initial Hearing
The initial hearing takes place in the Magistrates’ Court, where the defendant is informed of the charges and enters a plea. If the offence is summary-only, the magistrates will proceed with the case. If it is an indictable-only offence, the case is sent to the Crown Court. For either-way offences, the defendant may choose trial by jury in the Crown Court, or the magistrates may decide the case is too serious for their jurisdiction. The court may also address bail and case management issues at this stage.

6. Preparation for Trial
Preparation for trial involves case management by the prosecution and defense to ensure an efficient trial process. The prosecution must disclose evidence that supports its case and any material that may assist the defense. The defense may submit a defense statement outlining their position. Pre-trial hearings may be conducted to resolve legal issues, such as admissibility of evidence or witness availability. Both sides prepare witness examinations, legal arguments, and any necessary applications, such as special measures for vulnerable witnesses.

7. Criminal Evidence
Criminal evidence consists of material presented in court to prove or disprove an offence. It includes witness testimony, forensic evidence, CCTV footage, and documents. The rules governing admissibility ensure that only reliable and relevant evidence is considered. Hearsay is generally inadmissible, but exceptions exist. Character evidence may be introduced in limited circumstances. The burden of proof lies with the prosecution, which must establish the defendant’s guilt beyond a reasonable doubt, while the defense may challenge the evidence or present alternative explanations.

8. Summary Trial
A summary trial is held in the Magistrates’ Court for less serious (summary-only) offences, such as minor assaults and motoring offences. Magistrates, or a District Judge, hear the case without a jury. The prosecution presents evidence first, followed by the defense. After hearing witness testimony and legal arguments, the magistrates deliver a verdict. If the defendant is found guilty, sentencing follows immediately or after obtaining pre-sentence reports. Summary trials are quicker and less formal than Crown Court trials but must still adhere to principles of fairness and due process.

9. Trial on Indictment
A trial on indictment takes place in the Crown Court for serious offences such as murder, rape, and robbery. The trial is presided over by a judge, and the verdict is determined by a jury. The prosecution presents its case, calling witnesses and introducing evidence, after which the defense can cross-examine and present its case. Legal arguments on admissibility and procedural issues may arise. After closing arguments, the judge instructs the jury on the law, and they deliberate before delivering a verdict. If the defendant is found guilty, sentencing is determined by the judge.

10. Sentencing
Sentencing follows a conviction and is guided by statutory provisions, case law, and sentencing guidelines. The court considers factors such as the seriousness of the offence, aggravating and mitigating circumstances, and the defendant’s criminal record. Sentences may include fines, community orders, suspended sentences, or custodial sentences. For serious offences, life imprisonment may be imposed. Sentencing also accounts for rehabilitation, deterrence, punishment, and public protection. Victim impact statements and pre-sentence reports may assist the court in determining an appropriate sentence.

11. Criminal Appeals
Criminal appeals allow convicted individuals to challenge their conviction or sentence if there are legal errors or new evidence. Summary conviction appeals go to the Crown Court, while appeals from the Crown Court proceed to the Court of Appeal (Criminal Division). Grounds for appeal include procedural irregularities, misdirections in law, or fresh evidence unavailable at trial. If successful, the conviction may be quashed, a retrial ordered, or the sentence reduced. In rare cases, appeals can reach the Supreme Court or be reviewed by the Criminal Cases Review Commission.

By exploring topics such as criminal procedure, police and prosecutors, criminal litigation, summary and indictable trials, sentencing, and appeals, students acquire the knowledge and skills necessary for effective engagement with criminal practice.