Police Role
• Police investigates suspect. They find out through intelligence, through
witness and or they have reports.
• They campaign for witnesses.
• They go to the crime scene for evidence.
• CCTV footage
• The police can arrest suspect, voluntarily or involuntarily
• Interviewed and Identification procedure
Who makes decision to prosecutes/ Charging decisions?
• CPS- Prosecution of Offences ACT 1985
• Criminal Justice Act 2003 transfer power to charge from police to CPS
• Review file + decide on charges via code
• Evidential Test
• Public Interest Test
Classification of Criminal Offence
• Summary offences dealt with MC
• Triable Either Way offence dealt with MC/CC
• Indictable only offences dealt with CC
First Hearing Venue
• Heard in MC
• Indictable only offence- administrative hearing; CC
• Minor Summary only offences; Fully dealt at first hearing
• Triable Either Way offences; Mode of Trial hearing
Functions of Judge and Jury
• Judge: Control of proceedings, decide legal questions, direct jury on law
• Jury: May not know what constitutes trespass or that constitutes stealing,
applying the law to the facts, verdict not be unanimous if the Jury has been
deliberating for at least 2hrs
Trial Process
• D charges with offence
• D will enter plea
• TEW- deal with by MC arrange further date for hearing
• Police investigates suspect. They find out through intelligence, through
witness and or they have reports.
• They campaign for witnesses.
• They go to the crime scene for evidence.
• CCTV footage
• The police can arrest suspect, voluntarily or involuntarily
• Interviewed and Identification procedure
Who makes decision to prosecutes/ Charging decisions?
• CPS- Prosecution of Offences ACT 1985
• Criminal Justice Act 2003 transfer power to charge from police to CPS
• Review file + decide on charges via code
• Evidential Test
• Public Interest Test
Classification of Criminal Offence
• Summary offences dealt with MC
• Triable Either Way offence dealt with MC/CC
• Indictable only offences dealt with CC
First Hearing Venue
• Heard in MC
• Indictable only offence- administrative hearing; CC
• Minor Summary only offences; Fully dealt at first hearing
• Triable Either Way offences; Mode of Trial hearing
Functions of Judge and Jury
• Judge: Control of proceedings, decide legal questions, direct jury on law
• Jury: May not know what constitutes trespass or that constitutes stealing,
applying the law to the facts, verdict not be unanimous if the Jury has been
deliberating for at least 2hrs
Trial Process
• D charges with offence
• D will enter plea
• TEW- deal with by MC arrange further date for hearing
