Supplementary Texts

The Classification of offences and the criminal courts

After the decision to prosecute has taken the case will eventually be heard in court. As with civil actions, criminal offences vary in seriousness and complexity. These differences are again reflected in the criminal court system. The following text outlines the way in which offences are classified in the courts of first instance and appeal.

There are three types of criminal offence: summary, indictable and triable either way. The nature of the offence will determine the mode of trial.

Summary offences are the less serious offences such as minor offences. These offences are tried in the magistrates' court without a jury, before a bench of three lay magistrates or one stipendiary magistrate. The magistrates will hear the evidence and reach a verdict. If the verdict is 'not guilty' the defendant will be acquitted; if 'guilty' the magistrates will pass sentence. The sentencing jurisdiction of the magistrates' courts is limited to imposing a fine of up to 1,000 pounds or a maximum prison sentence of six months. A case requiring a heavier punishment must be referred to the Crown Court for sentencing. The defendant may appeal to the Crown Court for a retrial or to the Divisional Court of the Queen's Bench Division of the High Court ‘by way of case stated'. This is on the basis that the magistrates were wrong in law or in excess of jurisdiction. The magistrates are required to 'state the case' (give reasons) for their verdict. This form of appeal is, unusually, available to the prosecution as well as the defence. A further appeal to the House of Lords is available in cases involving questions of law.

Indictable offences are the most serious offences; examples are murder, manslaughter, rape and arson. The procedure for trying these offences begins in the magistrates' court with 'committal proceedings'. Here it is the role of the magistrates to conduct a preliminary enquiry into the prosecution's evidence and to decide whether it forms a prima facie case against the accused. If not, the case will be discharged. This is not the same as an acquittal as the prosecuting authorities can bring the case before the court again if further evidence becomes available; a person who has been acquitted of a charge cannot be tried for the same offence again. If a prima facie case is established, a full trial will take place in the Crown Court before a judge and a jury of twelve ordinary people. It is the role of the judge in this full trial to rule on points of law and, if the defendant is found guilty, to pass sentence. The jury assesses the facts and reaches a verdict. The defendant may appeal against conviction or sentence to the Criminal Division of the Court of Appeal. Under the Criminal Justice Act the prosecution may also appeal to the Court of Appeal for the sentence to be increased. A further appeal to the House of Lords may be allowed on an important point of law.

Offences triable either way are offences which can be committed in a serious or minor way. Burglary and theft are examples of these offences. They may be tried summarily in the magistrates' court or on indictment in the Crown Court. The magistrates will determine the mode of trial taking into account such factors as the seriousness of the offence and the possible appropriate sentence. The accused can insist on trial by jury in the Crown Court but not on summary trial, if the magistrates decide that the case should be tried on indictment. The trial procedure will then follow the summary or indictable form as discussed previously.

*prima facie – лат. прежде всего, с первого взгляда

Date: 2015-01-12; view: 1520