The Criminal Process

Objectives

By the end of this lesson students should be able to:

Explain what is meant by an adversarial system Explain how offences are classified Describe the criminal court system

Starter

What do you know about these courts:

Discuss

What is meant by the following statement?

The English Criminal Justice system can be described as adversarial.

Discuss

Does this affect the outcome of the case?

Consider Sally Clarke & the Cardiff 3

How are offences classified?

1. Summary – e.g. Driving offences, assault. Always tried in the Magistrates Court

2. Indictable offences – e.g. Murder, manslaughter, rape. Must be tried at the Crown Court (thought they still begin in the magistrates court)

3. Triable-either-way offences – What does this mean?

Criminal Court System

The House Of Lords

The Criminal Division of the Court of Appeal

Queens Bench Division – only deals with certain

types of appeals.

The Crown Court

The Magistrates Court – Case stated

How are offences classified?

Answer the following questions:

1. Summarise the main thrust of the Criminal Procedure Rules 2005

2. What will the magistrates take into account when deciding which court will deal with the case?

3. Explain when a defendant can insist on trial by jury

4. Discuss why a defendant might wish to elect for trial by jury

Activity

In groups locate a miscarriage of justice. Research the following:

What happened?How did they appeal? On what grounds?What was the outcome (if there has been one yet)What is public opinion on this case (look at newspapers online)