#17270 - The Criminal Trial Process - GDL English Legal System

The criminal trial process

• The adversarial process

  • The English system of criminal justice can be described as adversarial.

  • This means each side is responsible for putting their own case.

  • The role of the judge is limited to that of a referee ensuring fair play.

  • The adversarial system is typical of common law countries.

  • The alternative is an inquisitorial system, which exists in most of the rest of Europe.

• Criminal procedure rules

  • In 2005, the main rules on criminal procedure that apply to the trial and pre-trial process were brought together in new Criminal Procedure Rules.

• The crown prosecution service

  • Most prosecutions are now brought by the Crown Prosecution Service.

  • Significant reforms of this body were introduced following the Glidewell Report, which was published in 1998.

• Appearance in court

  • Persons charged with an offence can be called to court by means of a summons, or by a charge following arrest without a warrant.

• Classification of offences

  • There are three different categories of offence:

    • summary offences - can be proceeded against summarily, without the right to a jury trial and/or indictment

    • indictable offences - an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury

    • offences triable either way.

• Mode of trial

  • Where a person is charged with a triable either way offence, they can insist on a trial by jury, otherwise the decision is for the magistrates.

• Disclosure

  • The issue of disclosure is concerned with the responsibility of the prosecution and defence to reveal information related to the case prior to the trial.

• Plea bargaining

  • Plea bargaining is the name given to negotiations between the prosecution and defence lawyers over the outcome of a case.

• The trial

  • Apart from the role played by the jury in the Crown Court, the law and procedure in the Crown Court and magistrates’ court are essentially the same.

  • The burden of proof is on the prosecution.

• Models of criminal justice systems

  • The academic, Herbert Packer (1968) has identified two quite different potential aims for criminal justice systems:

    • The ‘due process’ model; and

    • The ‘crime control’ model.

• Criticism and reform: The following issues have been the subject of particular debate:

  • Racism and the CPS

    • The CPS is failing to weed out weak cases against ethnic minorities.

  • Racism and the courts

    • Over recent years members of the ethnic minorities are increasingly satisfied that the criminal courts are racially impartial.

  • The Lammy Review

    • David...