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Practice Of Criminal Laws And Methods

University: University of York

  • Unit No: 5
  • Level: Undergraduate/College
  • Pages: 14 / Words 3406
  • Paper Type: Assignment
  • Course Code: CRIJ140
  • Downloads: 26
Question :
  1. Explain criminal law practice.
  2. Elaborate the criminal cluster of laws and methods.
Answer :

INTRODUCTION

Criminal practice is a cluster of law which is applied on criminal activities which is distinct from civil law. However, there are number of terms are used by legal bodies for explaining the criminal act such as; Actus-reus, Mens-Rea, GBH (Grevious bodily harm) and so on. Basically, this assignment is based on a GBH crime which is a done by a person named as Nathan for preventing him from attack . Thus, whole assignment is surrounded around the Nathan case by explaining various procedures of Magistrate Court and Crown court. Along with this, several steps which is taken by prosecution and defence in the hearing for and against the Nathan. Main motive of the project is to come up with rights of victim and person who is not by appealing in several tribunal. Hence, this case is throwing lights of major factors of criminal case and the procedure through which a person gone through while get involved in legal proceedings.

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Q1.a) Explanation to Nathan about powers of arrest, stop and search of police after receiving complaining

Police have the authority to arrest after issuing of warrant by Magistrate Court against any individual. This situation is applied when there is a indictable offence punishable through imprisonment is totally engaged as well as at that time when a person is arrested have not settled address. On the other hand, police have the authority to arrest without warrant in few circumstances only. In fact, main power of arrest by police without having warrant is falls under section 24 and 116 of PACE in which offences into “arrestable” and “non-arrestbale” is fully classified (s.24) whereas “serious arrestable” offences (s.116). Under section 24 PACE, Police are having few major powers for arresting without warrant to any individual such as; who has committed an offence; who is about do the wrongful act; if an offence was committed and constable is having a reasonable grounds for suspecting towards specific person that he/she have committed crime then in this situation constable have the authority to arrest without warrant. Police and Criminal Evidence Act, 1984 plays a very crucial role in deciding the power of police during arrest or various other regulations for police which they need to follow while performing duty . For instance; every person arrested have allowed informing someone else about their arrest, as well as must have independent legal adviser and authority to consult with codes of practice.

On the other hand, it has been understood that after getting into custody of police they have to fulfils his/her duty by identifying the correct facts or figures. Along with this requisite to acquire concealed evidence after receiving complaint at police station against a person. However, search can only done in that case when there is a reasonable grounds to believe that an individual who is in custody might not be culprit.

b) Entitlement of police to detain Nathan for and procedures police go through for charging him

According to legal bodies, an individual cannot be detained for more than 24 hours but if there is a case of indictable offence than a person needs to detained up to 36 hours. Thus, this rule provides an authority to superintendent rank to detain the Nathan for almost 36 hours. But, if a police member wanted to keep the person for more than 36 hours in custody then he/she requires acquiring from approval from Magistrates through application on oath for a “warrant for further detention”. After that, custody of a person gets maximized up to 96 hours from the initial time at which an individual came at police station .

On the other hand, before charging process police superintendent needs to go through an appropriate procedure. By following the provisions of Criminal Justice and Public Order Act. 1994 as well as resultant Codes of Practice under PACE there is changes in accused rights. Initially, this was seen as golden thread that followed through criminal justice system in which accused person doesn’t have the right to prove his innocence whereas only prosecution have the authority to prove him/her guilt. Therefore, in that case accused have not any right to say anything at the time of questioning. But now in the new provision accused person have remain silent while questioning of police but allowed to say anything in court for his/her favour and that is taken as evidence.

c) Powers do police have to take a non-intimate search from Nathan

Police are having all the powers of conducting non-intimate search after acquiring Nathan in custody because it’s a right of police members to do certain activities. Therefore, some of the major rights of police Under PACE for taking non-intimate search is discussed as follows-

  • In order to accomplish his duty for identifying everything which person is with him when arrested and brought to police station
  • For identifying concealed evidence.
  • Strip search authorized by an inspector in few situations in order to check an determining mark as well as to frame a person identity.

Under section 8 of PACE search warrant will be issue by Magistrate in only few circumstances such as there might be reasonable grounds for believing-

  • Indictable offence must be committed,
  • Admissible at trial,

d) How long Magistrate court remand Nathan in custody for

Magistrate have the power to remand a defendant is totally linked with grant of bail. A remand incurred when a court adjourns a case in tribunal and either bails the Nathan for a period of adjournment as well as commits him to custody before the adjournment date in a Court. However, Magistrate court granted a bail in many stages of legal proceedings such as; where a person is committed for trial in a crown court in that case Magistrate either kept the defendant on remand or might be grant bail .

e) Explanation to Nathan the ways his case might be commenced in Magistrates Court

All the criminal cases are begins in magistrate’s court for identifying whether the person is culprit or not. However, there are three main ways of commencing proceedings in Magistrate Court which is discussed as follows-

  • Victim might be arrested and charged by police constable.
  • Prosecution can issue a written charge simultaneously with a requisition for defendant to attend in a court,
  • After that, prosecution can seek a summons which is issued by tribunal as it is indispensable for defendant while attending a court on a specified data and time.

Where there is much more evidence is available for providing a realistic prospect of conviction the victim will be brought before officer and charged with the mistake. Than necessary details will be mentioned such as; details of mistake will be written on charge sheet. However, defendant will either brought in police custody before the court or bailed for attending a tribunal at a given time and date .

On contrary to this, new procedures are set by Criminal Justice Act, 2003 for commencing proceedings. However, new process is only applied in magistrate’s courts in subject by statutory instrument under CJA, 2003.

Q2. Advise the cost which is paid by Nathan if he losses and cost that might get back if he wins

In Magistrate Court if a person is having an income of £12,475 or minimum than this are having certain benefits such as; they will acquire a legitimate support in order to pass the interests of justice test. Along with this; income support, job seekers allowance, warranted state pension credit and so on. On the other, in Magistrate court if a person is more that income more that £12,475 but minimum than £22,325, then legal support will only offered if the defendant’s disposable income is around £3,398 in a year or less, provided justice test of interest will also passed. But if a person is having their income £22,325 or more than this it means they will not eligible for acquiring legal support. In crown court, if you get succeeded in acquiring legal aid in Magistrate tribunal that means your disposable income is £3,398 in a year or less than this or you are enjoying certain benefits then you will definitely acquire a legal aid.

Therefore, in Criminal damage, value which is offered for damage is not more that £5,000 and fine which is charge is also same.

Q3.a) Funding of Nathan case from public funds and by private arrangement

Public funding in criminal matters is known as Legal aid or Legal Aid Authority. However, not all the lawyers get succeeded in acquiring public funded but since 2001 if a solicitor wanted to gain Criminal defence work funded from LAA needs to hold a general criminal agreement with LAA. It is essential to know that whole system of Legal Aid norms is currently under review and might get changed radically in coming time period. Therefore, in given case study Nathan is unemployed person who is not having that much funds for his legal proceedings . Thus, as per the norms related with legal aid for criminal prosecution Nathan must offer public funding by passing its justice test in Magistrate court which is seen as legal support for him.

On the other hand, private arrangements are all about government equality which is offered by prosecution to the victim. Basically, private financial of governing bodies design a unique set of questions about what kind of role equality will played in the decision of prosecution.

b) Procedure use by court for deciding the case will be tried or not

According to legitimate bodies, after charging with an offence at Nathan, initial phase of hearing is known as PLEA BEFORE VENUE whereby Nathan will ask to enter into plea. If he pleads mortified, Magistrate court will hear all the related facts and identify whether they have satisfied sentencing authority. If they are doing so then they automatically proceed to sentence or adjourn for pre-sentence assignment. If the Magistrate Court feels that the entire matter is beyond their power that they will commit the defendant to Crown Court for further sentencing .

Q4. Advise Nathan on trial procedure that Magistrate will use

After the plea before venue, Magistrate could go on to consider pre-trial review make sure that all trial are ready such as; witness must available, disclosure needs to be completed and so on. Additionally, pre-trial hearing will be accomplished before bail where Nathan is in remanded in custody. In this case prosecution have a duty to disclose all the necessary papers related to the subject. Magistrate will ask the entire question related with the topic before sending to you in crown court. Thus, in this situation you need to answer all the necessary questions which is used as evidence in decisional process.

Q5. Explain about the meaning of indictment to Nathan while Magistrates sending him in crown court for trail

Indictment is a term which means the charge or accusation of serious crime which proves that you are culprit for the mistake and liable for compensating it either by imprisonment, fine, penalty or any legal punishment. This word used by Magistrate court or judiciary member when a person found guilty for a specific offence so be aware from this word and don’t accept your mistake if you haven’t done anything.

Q6. A) Obligations of prosecution and defence

Criminal investigation gone through various disclosures of unused materials through defence and prosecution but into various stages which is discussed as follows-

  • Stage 1- Initially disclosure was done by prosecution- Liable for Disclosing of various unused materials which helps in representing the few facts of case.
  • Stage 2- Time for defence disclosure- Now this time, statement is given by defence party for countering the prosecution materials which is indispensable in Crown Court cases as well as in Magistrate tribunal also. Along with this, responsible for provide detailed witness.
  • Stage 3- Continuing the duty by prosecution disclosure- This obligation of prosecution arises after the receipt of defence statement for further answering the case.

On the other hand, disclosing test will be conducted before presenting it in front of the court. In this test, material will go through an appropriate process in which it has been identified that “material which is presented is related to the case or not as well as whether it is capable of undermining the entire case” .

Basically, it has been understood that prosecution and defence both are liable for presenting necessary facts or figures for resolving the case by protecting their client.

b) What can independent witness can do for securing his attendance

He can defend himself by clearing his name from documents but he wants to secure his attendance then he must needs to act as witness in the eye of law by giving a witness test. Along with this, if a person wants to give his statement then automatically his attendance was marked in documents of defendant.

c) Procedure for calling expert witness

Judiciary member consider the witness specialist who may expertise in specific related subject in order to give a report for ensuring that person is really suffering from problem. For example; Nathan has the authority to call a doctor for identifying whether Mr Chadar claim is real or not. Mainly, expert witnesses are authorized by civil court for making the report. Apart from this, for being a legal expertise witness an individual must have knowledge, skills, experience, training or education under Federal Rule of Evidence 702. This will help Nathan in understanding the fact behind claim of Mr. Chadar.

d) Format of presenting friend as a defence witness

According to the rule, jurors cannot make judgment using negative data as prosecutors raised questioning while cross examining character witnesses. Therefore, before calling friend as a witness, Nathan needs to get aware about counter attack questioning of prosecution. Along with this, it is essential for Nathan to make prior plan before calling his friend for witness .

Q7. A) Role of juror and how jurors are selected

Jury members plays a very crucial role in criminal cases in which almost 12 members of public are available and sit on the side of judge. From which one of the jurors is selected as a foreman of Judiciary before beginning of the case. Basically, he/she acts a informal chairperson and spokesperson on the behalf of jury members. However, almost 12 members are selected from various people who are called for accomplishing their jury service on that day. According to section 23 of Courts and Civil law (Miscellaneous Provisions) Act 2013 enacted Juries Act, 1976 in order to covering almost 15 members if the case is expected to last maximum than 2 months. On the other hand, selection of Judges gone through an appropriate process of “Voir dire” that means “to speak the truth” . In this process, various judges and attorneys of both the sides ask potential members related with subject in order to determine whether they are competent or suitable for particular case or not.

  • On the other hand, some of the major roles of jurors are described follows-
  • Make decision about facts of case only.
  • Take directions associated with law from trial judge.
  • Being impartial and independent.
  • Being an uninfluenced person.
  • If any individual related with case speck to the juror about the case then in this situation he/she is responsible for informing to the court about this action.

b) Procedure adopted at Nathan’s Crown Court trial

Crown court consists of various judge and jury members in which clerk are available in front of the judge. However, in this court bail will be granted under supreme court act 1981 sec.81 (1) in various situations. In this tribunal, when a person is presented before judge and Jury then Court must have related information of offences charged and alleged offender. Basically, this thing is done by the use of document which is known as a “Bill of indictment” which is mainly drawn by counsel as well as signed by the officer of Crown tribunal where defendant have tried .

Basically, trial goes through various stages;

The Arraignment in which trial initiated by clerk calling by name of accused, reading over the indictment and questioning with him whether he is accept the guilt or not.

On being asked to plead, person who is accused do various things; objection of legitimate grounds in trial proceedings, plead for not being a guilty.

It’s time for Jury composition.

Thus, furthermore process will go through various stages.

Q8. A) Advise Nathan on sentencing procedure

In sentencing procedure, Court must have all the related materials from which a sentence can be properly analysed. Prosecution will gave all the relevant evidence of defendant’s last convictions. This will covers under Rehabilitation of offenders Act, 1974. He has the ability to defend himself by giving a sentence for protecting himself. There are various possible sentences that is imposed by the courts are-

  • Life imprisonment.
  • A set term of imprisonment.
  • Hospital order
  • Community service order
  • Fine
  • Conditional discharge

b) Advise Nathan of his right if any, to appeal against his conviction and sentence

  • Nathan have the authority to appeal in various other courts for defending himself.
  • Crown courts which hear appeals from Magistrate tribunal on conviction.
  • Administrative court of queen bench division which hears appeals from the point of law
  • Supreme court which hears the issues related with public importance.

c) General rules for right to appeal to the Court of Appeal

Nathan have the right to appeal in distinct court for acquiring justice in order to defend himself from the claim of Mr. Chadar. Individual have the right to appeal for self-satisfaction as well as to clear all the hidden facts or figures.

d) Outlining a Case may be referred to Supreme Court

Court of appeal certifies that decision of general public importance must involve.

If court of appeal or supreme court give leaves to request on the grounds which must be considered by tribunal.

Q9. Identification of appeal may be made to High Court by case stated

A notice of appeal needs to file in form within 1 month after the judgment or order was passed. In fact while filing the notice, appellant must provide security for respondent’s cost of appeal. Basically, security might be offered by depositing the sum in Registry or with Accountant general.

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CONCLUSION

From the above report, it has been summarized that criminal laws plays a very crucial role in defending innocent people and designed legitimate laws for punishing the culprit. Main objective of this project is to highlight the process of conducting legal proceedings in various tribunals. For example; Crown court, Magistrate court and supreme court is discussed in this above project. Hence, it has been understood that an individual must gone through proper procedure for defending himself from wrongful conducts.

REFERENCES

  • Feeley, M., 2017. Two models of the criminal justice system: An organizational perspective. In Crime, Law and Society (pp. 119-137). Routledge.
  • Neubauer, D.W. and Fradella, H.F., 2018. America's courts and the criminal justice system. Cengage Learning.
  • Reiman, J. and Leighton, P., 2015. Rich Get Richer and the Poor Get Prison, The (Subscription): Ideology, Class, and Criminal Justice. Routledge.
  • Seetahal, D.S., 2014. Commonwealth Caribbean criminal practice and procedure. Routledge.
  • Banks, C., 2012. Criminal justice ethics: Theory and practice. Sage Publications.
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