Comparative Law Spring 2001Class 38

Columbus School of Law

The Catholic University of America

Professor Fischer

April 21, 2002

Today’s Class

• English Criminal Procedure

General Trends in English Criminal Procedure

• Greater focus on human rights, especially those rights in Art. 5 and 6 of the European Convention on Human Rights

• Move toward less adversarial system toward more inquisitorial system

• More and more work is heard by magistrates courts (97 per cent of criminal cases and 95 percent of sentencing)

Which English Courts Try Criminal Cases?

Which English Courts Try Criminal Cases?

• Magistrates Courts

• Crown Court

Which English Courts Hear Criminal Appeals?

Which English Courts Hear Criminal Appeals?

• Crown Court (from Magistrates Court against conviction and/or sentence)

• Queen’s Bench Divisional Court (from Magistrates Court on points of law, judicial review)

• Court of Appeals (Criminal Division) (from Crown Court on points of law; requires leave)

• House of Lords (from Court of Appeals on points of law of general public importance or leapfrog appeals from QBD; requires leave; very rare – about 6 per year)

What Criminal Offenses are heard by magistrates courts?

What Criminal Offenses are heard by magistrates courts?

• Summary offenses such as traffic offenses• Since magistrates courts used to sit near police stations,

the public tends to think of them as “police courts”• Offenses are heard by 2-3 lay magistrates or by 1

district judge. Magistrates rely on a clerk for advice on the law.

• Magistrates can send an offender to prison for up to 6 months for one offense or up to12 for more than one offense and/or fine up to £5000.

• No juries in magistrates courts

What Criminal Offenses are heard by magistrates courts?

• Also can hear offenses triable either way, which are medium serious offenses such as conspiracy, robbery, gbh

• Here the defendant who pleads not guilty can elect trial in the magistrates court or the Crown Court unless magistrates insist on a Crown Court trial (or in some cases,where prosecutor does so). Most defendants opt for summary trial.

• Magistrates can commit to a Crown Court for sentencing if they think their powers are inadequate

What criminal offenses are heard by the Crown Court?

• “indictable offenses”, which are the most serious crimes, including murder and rape.

• “triable either way offenses” • Many of the judges are High Court judges who travel

there “on circuit” and will try most serious offenses such as murder

• Other judges, circuit judges, or part-time recorders, try less serious offenses such as conspiracy or grievous bodily harm or offenses released to them such as manslaughter or causing death by dangerous driving

Crown Court Juries

• If the defendant pleads not guilty, a jury of 12 sits with the judge or recorder

• There is no option of trial by judge alone though Lord Justice Auld has recommended this in his 2001 report.

Human Rights and Criminal Law

• 1994 law that abolished bail for certain offenders (e.g. rape or murder) was found to violate the ECHR Art. 5 Why?

• The law on bail has been challenged on this basis on many other ways and may require amendment in light of Art. 5

• Another change designed to speed cases through trial in magistrates courts is to give more judicial management powers to justices clerks