The British Legal System.

1. Jack Jones
has
committed a
criminal
offence.
A criminal
offence is
where you
have broken
the laws of
society.Write down what you think of when
you think ‘criminal law.’

2. Date: 12th
October 2010
Learning Objective:
Evaluate the process of
criminal law
I know I have been successful
if I can:
Explain what criminal law is
Analyse the process of criminal
law
Compare with civil law
Criminal and Civil
Law

3. Jack Jones is
arrested as he
is suspected of
committing a
criminal
offence. There is
enough evidence
so Jack is
charged with the
crime.

4. What are Jack’s rights?
Jack has the right to have someone assisting him during
questioning. This will be a solicitor, if you don't
have one (and you wish to have one) the police must
provide you with one. If he were under 18 it could be a
responsible adult or a parent.
You can be held for a maximum of 24 hours for less
serious offences or for up to 36 hours for more
severe crimes.
After questioning you, the police may then submit a
file to the Crown Prosecution Service (CPS) who will
decide whether to prosecute.

5. Jack is told...
'You do not have to say anything, but it
may harm your defence if you do not
mention when questioned something which
you may later rely on in court. Anything
you do say may be given in evidence.'

6.
The Police who arrested Jack take him to the police station.
When Jack gets to the Police Station he is told that he is not
allowed to have anyone in with him during the interview. When
Jack questions this he is then told that he can have a parent
come to the station to assist him during the interview. Before
the interview Jack is told the caution 'You do not have to say
anything, but it may harm your defence if you do not mention
when questioned something which you may later rely on in
court. Anything you do say may be given in evidence.' He is not
explained its meaning and is very confused. Jack is told that
he can be held in the Police Station for 26 hours. When Jack
is interviewed the police make the decision to prosecute him.
It is your job to explain what the police have done wrong
and to give him any other information he may need.

7. Bail or not to bail???Bail or not to bail???
Jack’s crime isn’t
that serious and
they don’t think he is
at risk of re-
offending so he is
bailed to appear
before the court at
a later date.
What should the
police consider
when deciding
whether to give
someone bail?

8. Which court???Which court???
Jack has just
turned 18, so he
wont be going to
a court called
the Youth Court,
specifically there
to deal with young
offenders.

9. Which court???Which court???
Some cases can be
tried at a
Magistrates court
where the case is
dealt with by a
magistrate. This is
for less serious
offences.

10. Which court???Which court???
Jack has committed an
offence called ‘either
way’ this means that
the magistrate can
choose or he can
choose to go to Crown
Court instead or a
Magistrates Court.

11. Jack chooses...Jack chooses...
The Crown Court. This means that the
decision will be made by 12 members of
the jury upon instruction from the judge.
What are
the good
things and
what are the
bad things
about trial
by jury?

12. RepresentationRepresentation
Jack could conduct his own defence but
he decides it is probably better to
appoint someone who will do it for him –
this is either going to be a barrister or
solicitor.

13. The decision...The decision...
The jury will be given instructions by the
judge on what to take into consideration with
the decision. The jury can only decide that
Jack is guilty if they are ‘beyond all
reasonable doubt.’
Why is it so important that the jury is
beyond all reasonable doubt that Jack is
guilty?

14. The jury decide that Jack is not guilty.
They can’t decide beyond all reasonable
doubt.
Here is Tom, he was the
victim of the offence. He
has injuries which have
left him unable to go work
and he wants to claim
compensation.

15. What is civil law?What is civil law?
Civil Law is the section of
the law that deals with
disputes between
individuals or organisations.
For example, a car crash
victim claims damages
against the driver for loss
or injury sustained in an
accident, or one company
sues another over a trade
dispute.

16. County CourtCounty Court
Tom applied to the County Court. The
County Court Judge will decide on the
'balance of probabilities,' i.e. it is 'likely'
that the defendant is guilty.
• Why do you think the burden of proof
is the balance of probabilities in civil
law and beyond all reasonable doubt in
criminal? Is it fair?