The document summarizes the criminal trial process in the United Kingdom. Most criminal cases are tried in Magistrates' Courts by magistrates or a stipendiary magistrate for less serious offenses. More serious indictable offenses are tried in the Crown Court before a jury of 12. Appeals from the Crown Court go to the Criminal Division of the Court of Appeal. The Crown Prosecution Service determines if there is sufficient evidence for prosecution.
3. Criminal courts
• The Magistrates’ Court
• The Crown Court
• The Court of Appeal (Criminal Division)
• The Supreme Court
4. • About 95% of all criminal cases in England and
Wales are tried in the Magistrates’ Courts,
which deal with summary offences (less
serious ones)
• In certain circumstances, the court may
commit an accused person to the Crown Court
for more severe punishment
Magistrates’ Courts
5. • One stipendiary magistrate (full-time paid
magistrate who has qualified as a lawyer) or
three lay magistrates (unpaid, established
members of the community)
• Decide without a jury
Magistrates
6. • Formerly called assizes and quarter sessions
• Deals with indictable offences (more serious
ones)
• A jury of twelve people decides whether the
defendant is guilty of the crime he or she is
charged with
The Crown Court
7. • From the Crown Court, appeal against
conviction or sentence goes to the Criminal
Division of the Court of Appeal
The Court of Appeal
8. • The state prosecutes those charged with a
crime and may apprehend suspects and detain
them in custody
• If the police decide that an offender should be
prosecuted, a file on the case is sent to the
Crown Prosecuting Service (CPS)
Criminal justice
9. • The CPS must consider whether there is
enough evidence for a realistic prospect of
conviction, and if so, whether the public
interest requires a prosecution
• Criminal proceedings can be initiated either by
the serving of a summons or, in more serious
cases, by a warrant of arrest issued by a
Magistrates’ Court
The CPS
10. • The English system of justice is adversarial
(each side collects and presents their own
evidence and attacks their opponent’s by
cross-examination).
• In a criminal trial, the burden of proof is on
the prosecution to prove beyond reasonable
doubt that the accused is guilty
Criminal court proceedings