DR WS13
Police Powers and Duties, and the Police Station
Key Personnel
Defence solicitors Provides advice and assistance to suspect in police station BEFORE suspect is charged
If charged, defence solicitor will represent in proceedings before magistrates’ court (or Crown
Court if necessary)
If case reaches Crown Court defence solicitor will instruct barrister/solicitor advocate to be
client’s advocate in court
Police Investigate suspected criminal offences; apprehend persons alleged to have committed those
offences
Police possess a wide range of powers which they may exercise in the investigation of
suspected criminal offences e.g. Powers to:
o stop and search suspected offenders
o search premises
o arrest suspects
Other agencies may also investigate particular types of crime (e.g., HM Revenue & Customs,
the Health and Safety Executive)
National Crime Agency established to prevent and investigate serious, organised and complex
crime e.g.,
o importation/supply of drugs and firearms
o human trafficking
o sexual abuse
o exploitation of children
o cybercrime).
Crown Prosecution Prosecutes individuals (and companies) charged with having committed a criminal offence.
Service For ALL but the most minor offences responsibility for DECIDING CHARGE rests with CPS
Once police have completed their investigations pass file to relevant CPS representative
who will decide if the suspect should be charged and, if so, what charge
After a suspect has been charged, CPS retains responsibility for the prosecution of the case.
o Solicitors from CPS responsible for collating evidence on which prosecution seek to
rely and present this evidence to the court
In deciding whether a prosecution should be brought, the CPS must apply the test set out in
the Code for Crown Prosecutors.
o Prosecution should be brought ONLY IF there is ENOUGH evidence to provide a
REALISTIC PROSPECT of conviction AND it is in the PUBLIC INTEREST for a prosecution
to be brought
Magistrate’s court After a suspect has been charged with an offence, he will make his first appearance in court
before the magistrates’ court (unless he is aged 17 or under Youth Court)
o Case may remain in the magistrates’ court or be sent to the Crown Court for
~95% of all criminal cases are dealt with by the magistrates’ court. Functions of the
magistrates’ court include:
1. issuing search and arrest warrants;
2. issuing warrants for further detention under the Police and Criminal Evidence Act
1984
3. trying summary offences and some either way offences;
4. sending indictable-only offences and some either way offences to the Crown
Court for trial;
5. dealing with applications for a representation order; and
6. dealing with applications for bail
Most magistrates are NOT legally qualified members of the local community volunteering
1
,DR WS13
their services
o Usually, 3 magistrates sit in court at any one time
o Magistrates will be advised on matters of law, practice and procedure by a legal
adviser (clerk to the justices)
Legal adviser responsible for efficient running of the magistrates’ court, and
plays a significant role in proceedings
Legal adviser SHOULD NOT advise magistrates on questions of fact, only on
matters of law.
In some magistrates’ courts, a legally-qualified magistrate known as a District Judge
(Magistrates’ Court) will sit alone to hear cases.
o Either a qualified solicitor/barrister.
Crown Court Venue which deals with offenders charged with the most serious types of criminal offence.
Main functions are:
1. to conduct the trial of and, following conviction, to sentence offenders convicted
of all indictable-only and some either way offences
2. to determine questions of bail and representation, particularly appeals by a
defendant against the refusal of bail by the magistrates’ court; and
3. to hear appeals against conviction and/or sentence from the magistrates’ court;
Proceedings are before a judge and, if the case goes to trial, before a judge and jury.
Judges of varying levels of seniority sit in the Crown Court.
Most cases will be dealt with by a Circuit Judge
More serious cases (E.g., murder, manslaughter or rape; high profile cases) will be heard
before a High Court Judge
If the defendant pleads NOT guilty and the case goes to trial judge will decide matters of law
and the jury matters of fact.
- If the Crown Court is hearing an APPEAL against sentence and/or CONVICTION from the
magistrates’ court, NO jury will be present but the judge will sit 2-4 magistrates.
Advocacy is often performed by barristers (collectively referred to as counsel).
- CPS and defence solicitor will usually instruct a barrister to conduct their case in the Crown
Court
- Solicitors have very limited rights of audience in the Crown Court BUT possible to achieve
full rights of audience
Probation Service A representative from the Probation Service will ALWAYS be present in court (whether the
magistrates’ court or the Crown Court) when a case is being heard.
Responsible for compiling reports on defendants who have been convicted, should the court
require a report before sentencing the defendant.
o “ pre-sentence reports” focus on the defendant’s background, previous convictions
and likelihood of re- offending
Also responsible for the administration of various types of community order which the court
may impose as part of the sentence a defendant receives
Criminal Legal Aid Funding for legal services for those suspected of having committed a criminal offence or facing
criminal proceedings is administered by the Legal Aid Agency (LAA).
LAA provides funding for defendants BY:
o entering into a ‘standard crime contract’ with solicitors in private practice; or
o providing salaried public defenders in certain parts of the country.
All solicitors in private practice who wish to secure public funding for their clients must enter
into a ‘general criminal contract’.
2
,DR WS13
Classification of Offences
Indictable-only Most SERIOUS criminal offence dealt with by Crown Court
- Defendant will make first appearance at magistrates’ court before being immediately sent
to Crown Court for trial
E.g., murder, rape, robbery
Either way Dealt with by magistrates’ court OR Crown Court
- Defendant will make first appearance at magistrates’ court before magistrates decide
whether to keep case or send it to Crown Court for trial (if too serious to deal with)
If case kept at magistrates’ court defendant has right to elect trial by a judge and jury in the
Crown Court
E.g., theft, assault occasioning actual bodily harm, burglary (NOT ‘low-value shoplifting – under
£200 in goods stolen UNLESS adult defendant enters plea of not guilty)
- Low-value shoplifting: maximum penalty of 6 months’ custody (magistrate’s court) if
pleading guilty, CANNOT be committed to Crown Court for sentence
Summary LEAST serious criminal offence dealt with by magistrates’ court
E.g., common assault (UNLESS aggravated form of common assault on emergency worker acting in
exercise of functions as such worker is either way offence), road traffic offences
Procedure of different offences
3
, DR WS13
Indictable-only
4
Police Powers and Duties, and the Police Station
Key Personnel
Defence solicitors Provides advice and assistance to suspect in police station BEFORE suspect is charged
If charged, defence solicitor will represent in proceedings before magistrates’ court (or Crown
Court if necessary)
If case reaches Crown Court defence solicitor will instruct barrister/solicitor advocate to be
client’s advocate in court
Police Investigate suspected criminal offences; apprehend persons alleged to have committed those
offences
Police possess a wide range of powers which they may exercise in the investigation of
suspected criminal offences e.g. Powers to:
o stop and search suspected offenders
o search premises
o arrest suspects
Other agencies may also investigate particular types of crime (e.g., HM Revenue & Customs,
the Health and Safety Executive)
National Crime Agency established to prevent and investigate serious, organised and complex
crime e.g.,
o importation/supply of drugs and firearms
o human trafficking
o sexual abuse
o exploitation of children
o cybercrime).
Crown Prosecution Prosecutes individuals (and companies) charged with having committed a criminal offence.
Service For ALL but the most minor offences responsibility for DECIDING CHARGE rests with CPS
Once police have completed their investigations pass file to relevant CPS representative
who will decide if the suspect should be charged and, if so, what charge
After a suspect has been charged, CPS retains responsibility for the prosecution of the case.
o Solicitors from CPS responsible for collating evidence on which prosecution seek to
rely and present this evidence to the court
In deciding whether a prosecution should be brought, the CPS must apply the test set out in
the Code for Crown Prosecutors.
o Prosecution should be brought ONLY IF there is ENOUGH evidence to provide a
REALISTIC PROSPECT of conviction AND it is in the PUBLIC INTEREST for a prosecution
to be brought
Magistrate’s court After a suspect has been charged with an offence, he will make his first appearance in court
before the magistrates’ court (unless he is aged 17 or under Youth Court)
o Case may remain in the magistrates’ court or be sent to the Crown Court for
~95% of all criminal cases are dealt with by the magistrates’ court. Functions of the
magistrates’ court include:
1. issuing search and arrest warrants;
2. issuing warrants for further detention under the Police and Criminal Evidence Act
1984
3. trying summary offences and some either way offences;
4. sending indictable-only offences and some either way offences to the Crown
Court for trial;
5. dealing with applications for a representation order; and
6. dealing with applications for bail
Most magistrates are NOT legally qualified members of the local community volunteering
1
,DR WS13
their services
o Usually, 3 magistrates sit in court at any one time
o Magistrates will be advised on matters of law, practice and procedure by a legal
adviser (clerk to the justices)
Legal adviser responsible for efficient running of the magistrates’ court, and
plays a significant role in proceedings
Legal adviser SHOULD NOT advise magistrates on questions of fact, only on
matters of law.
In some magistrates’ courts, a legally-qualified magistrate known as a District Judge
(Magistrates’ Court) will sit alone to hear cases.
o Either a qualified solicitor/barrister.
Crown Court Venue which deals with offenders charged with the most serious types of criminal offence.
Main functions are:
1. to conduct the trial of and, following conviction, to sentence offenders convicted
of all indictable-only and some either way offences
2. to determine questions of bail and representation, particularly appeals by a
defendant against the refusal of bail by the magistrates’ court; and
3. to hear appeals against conviction and/or sentence from the magistrates’ court;
Proceedings are before a judge and, if the case goes to trial, before a judge and jury.
Judges of varying levels of seniority sit in the Crown Court.
Most cases will be dealt with by a Circuit Judge
More serious cases (E.g., murder, manslaughter or rape; high profile cases) will be heard
before a High Court Judge
If the defendant pleads NOT guilty and the case goes to trial judge will decide matters of law
and the jury matters of fact.
- If the Crown Court is hearing an APPEAL against sentence and/or CONVICTION from the
magistrates’ court, NO jury will be present but the judge will sit 2-4 magistrates.
Advocacy is often performed by barristers (collectively referred to as counsel).
- CPS and defence solicitor will usually instruct a barrister to conduct their case in the Crown
Court
- Solicitors have very limited rights of audience in the Crown Court BUT possible to achieve
full rights of audience
Probation Service A representative from the Probation Service will ALWAYS be present in court (whether the
magistrates’ court or the Crown Court) when a case is being heard.
Responsible for compiling reports on defendants who have been convicted, should the court
require a report before sentencing the defendant.
o “ pre-sentence reports” focus on the defendant’s background, previous convictions
and likelihood of re- offending
Also responsible for the administration of various types of community order which the court
may impose as part of the sentence a defendant receives
Criminal Legal Aid Funding for legal services for those suspected of having committed a criminal offence or facing
criminal proceedings is administered by the Legal Aid Agency (LAA).
LAA provides funding for defendants BY:
o entering into a ‘standard crime contract’ with solicitors in private practice; or
o providing salaried public defenders in certain parts of the country.
All solicitors in private practice who wish to secure public funding for their clients must enter
into a ‘general criminal contract’.
2
,DR WS13
Classification of Offences
Indictable-only Most SERIOUS criminal offence dealt with by Crown Court
- Defendant will make first appearance at magistrates’ court before being immediately sent
to Crown Court for trial
E.g., murder, rape, robbery
Either way Dealt with by magistrates’ court OR Crown Court
- Defendant will make first appearance at magistrates’ court before magistrates decide
whether to keep case or send it to Crown Court for trial (if too serious to deal with)
If case kept at magistrates’ court defendant has right to elect trial by a judge and jury in the
Crown Court
E.g., theft, assault occasioning actual bodily harm, burglary (NOT ‘low-value shoplifting – under
£200 in goods stolen UNLESS adult defendant enters plea of not guilty)
- Low-value shoplifting: maximum penalty of 6 months’ custody (magistrate’s court) if
pleading guilty, CANNOT be committed to Crown Court for sentence
Summary LEAST serious criminal offence dealt with by magistrates’ court
E.g., common assault (UNLESS aggravated form of common assault on emergency worker acting in
exercise of functions as such worker is either way offence), road traffic offences
Procedure of different offences
3
, DR WS13
Indictable-only
4
