NOTICE: It is unlawful to send these notes to anyone. Hopefully you find the notes helpful, and in return I ask that you please don’t send
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available for free.
The Criminal Justice System, CrPR, PCR and Funding
Steps if an individual arrested
1. X is arrested – requires police officer to have reasonable grounds to suspect that an
offence has been committed by X
2. X is charged – custody officer + CPS consider whether sufficient evidence to provide
a realistic prospect of X’s conviction
o Consider interview (under caution = admissible) with investigating officer
3. Magistrates’ court first hearing – bail issues / funding
4. Plea at early stage of proceedings – guilty or not guilty, following initial details of
prosecution case (IDPC) + sentencing if ‘guilty’
o Even where client confides that they have committed an offence, D is entitled
to plead not guilty and to put the prosecution to proof (para 4.5.2 LSPNCrPR)
5. Trial – if pleads not guilty:
o Prosecution makes its case + calls witnesses
o D may make a submission of ‘no case to answer’ => P has failed to present an
arguable case + case is over
o If case to answer, F presents its case
o Tribunal decides whether guilty or not
Consideration of evidence
• Admissibility
• Relevance to fact in issue
• Strength
• Credibility
• Weight
Courts
• First instance – court that can determine a defendant’s guilt
o Magistrates (all cases pass through for bail / funding) – 3 lay magistrates
(justices) or district judges
o Crown Court (indictable offences) – circuit judge + jury
§ Legal argument heard in absence of jury (e.g. admissibility of
evidence)
• Appeal courts –
o SC
o Court of Appeal
o Divisional Court
o Crown Court (from magistrates’ court) – circuit judge + 2 lay magistrates
• NB where trial by jury, a voir dire (trial within a trial held in the absence of the jury)
will be used where there is a point of law to be considered
© Liam Porritt 2020 1
, Types of offence
• Indictable only – murder, manslaughter, conspiracy, rape, robbery =>
o Usually only one appearance in magistrate’s court (funding + bail + sending to
Crown Court, s 51)
o Crown Court Appearance (plea + case management) = Please and Trial
Preparation Hearing
o Where:
§ Guilty plea = sentence
§ Not guilty plea = trial
• Summary only – maximum of 6 months imprisonment – driving offences, common
assault etc.
o First magistrates’ appearance (funding + bail)
o Where guilty plea = sentencing
o Where not guilty plea = Trial (+ case management hearing) fixed
• Either way (indictable) – theft, burglary, ABH, affray
o First magistrates’ appearance (funding + bail)
o Where guilty plea = sentencing (Please before venue)
o Not guilty plea = allocation
Sentencing Powers
• Magistrates:
o Max 6 months imprisonment for 1 or more summary offences
o Max 6 months imprisonment for 1 either-way offence; Max 12 months for 2
or more either-way offences
• Crown court – depends upon statute
© Liam Porritt 2020 2
them on to others. To share them, please direct people to download the notes at https://liamporritt.com, where 99% of my notes are
available for free.
The Criminal Justice System, CrPR, PCR and Funding
Steps if an individual arrested
1. X is arrested – requires police officer to have reasonable grounds to suspect that an
offence has been committed by X
2. X is charged – custody officer + CPS consider whether sufficient evidence to provide
a realistic prospect of X’s conviction
o Consider interview (under caution = admissible) with investigating officer
3. Magistrates’ court first hearing – bail issues / funding
4. Plea at early stage of proceedings – guilty or not guilty, following initial details of
prosecution case (IDPC) + sentencing if ‘guilty’
o Even where client confides that they have committed an offence, D is entitled
to plead not guilty and to put the prosecution to proof (para 4.5.2 LSPNCrPR)
5. Trial – if pleads not guilty:
o Prosecution makes its case + calls witnesses
o D may make a submission of ‘no case to answer’ => P has failed to present an
arguable case + case is over
o If case to answer, F presents its case
o Tribunal decides whether guilty or not
Consideration of evidence
• Admissibility
• Relevance to fact in issue
• Strength
• Credibility
• Weight
Courts
• First instance – court that can determine a defendant’s guilt
o Magistrates (all cases pass through for bail / funding) – 3 lay magistrates
(justices) or district judges
o Crown Court (indictable offences) – circuit judge + jury
§ Legal argument heard in absence of jury (e.g. admissibility of
evidence)
• Appeal courts –
o SC
o Court of Appeal
o Divisional Court
o Crown Court (from magistrates’ court) – circuit judge + 2 lay magistrates
• NB where trial by jury, a voir dire (trial within a trial held in the absence of the jury)
will be used where there is a point of law to be considered
© Liam Porritt 2020 1
, Types of offence
• Indictable only – murder, manslaughter, conspiracy, rape, robbery =>
o Usually only one appearance in magistrate’s court (funding + bail + sending to
Crown Court, s 51)
o Crown Court Appearance (plea + case management) = Please and Trial
Preparation Hearing
o Where:
§ Guilty plea = sentence
§ Not guilty plea = trial
• Summary only – maximum of 6 months imprisonment – driving offences, common
assault etc.
o First magistrates’ appearance (funding + bail)
o Where guilty plea = sentencing
o Where not guilty plea = Trial (+ case management hearing) fixed
• Either way (indictable) – theft, burglary, ABH, affray
o First magistrates’ appearance (funding + bail)
o Where guilty plea = sentencing (Please before venue)
o Not guilty plea = allocation
Sentencing Powers
• Magistrates:
o Max 6 months imprisonment for 1 or more summary offences
o Max 6 months imprisonment for 1 either-way offence; Max 12 months for 2
or more either-way offences
• Crown court – depends upon statute
© Liam Porritt 2020 2
