Procedural Criminal Law and Sentencing in England

Navigating the complexities of the criminal justice system in England can be challenging, but understanding the core principles of Procedural Criminal Law and Sentencing in England is crucial for any student. This comprehensive guide breaks down the court structures, trial processes, and various sentencing options, offering a clear overview for your studies. Whether you're preparing for an exam or simply seeking to grasp the fundamentals, this article provides a detailed summary of how criminal cases are handled from start to finish.

An Overview of Criminal Courts in England

All criminal proceedings for adults in England begin in the Magistrates' Court. The severity of the crime determines whether a case concludes there or is sent to the Crown Court. This foundational structure ensures that less serious offences are dealt with efficiently, while more grave matters receive a full trial.

The Magistrates' Court: Summary Trials Explained

The Magistrates' Court handles cases defined by statute as summary offences. These include common assault, road traffic offences, taking a motor vehicle without consent, and driving while disqualified. Cases are heard in the district where the offence occurred.

A typical Magistrates' Court hearing involves either two or three magistrates (often lay magistrates, advised by a legally qualified justices' clerk) or one district judge. Defendants enter a plea of guilty or not guilty. If convicted, sentencing is carried out by the magistrates.

• Absence of Defendant: If a defendant fails to attend without good reason, they may be tried, convicted, and sentenced in their absence.
• Maximum Sentences: Magistrates can impose a maximum fine and/or a six-month prison sentence for a single offence. For two or more offences at the same hearing, the maximum custodial sentence is 12 months.
• Justices' Clerk Role: The justices' clerk advises magistrates on law, sentencing, and procedure but does not instruct them on decisions or retire with them during deliberations.

Offences Triable Either Way: Magistrates' or Crown Court?

For offences triable either way, two key decisions must be made: should the defendant be tried summarily by magistrates or on indictment by the Crown Court? This choice significantly impacts the trial process and potential penalties.

1. Guilty Plea: If the defendant pleads guilty, magistrates hear the facts and proceed to sentencing. If they feel their sentencing powers are insufficient, they can refer the case to the Crown Court for a harsher sentence.
2. Not Guilty Plea or No Plea Indication: The court moves to a mode of trial hearing. Both prosecution and defence present their arguments on where the case should be heard. Magistrates then decide whether to hear the case or send it to the Crown Court.
3. Defendant's Right to Elect: Even if magistrates agree to hear the case, the defendant has the right to refuse and choose a jury trial at the Crown Court. This is known as the defendant's right to elect to have their case heard by a jury.

If the defendant prefers a Magistrates' Court trial, a date is set for a summary trial.

Crown Court Procedure: A Detailed Analysis of Trials

The Crown Court sits in 92 locations across England and Wales and handles more serious criminal offences, divided into four classes based on gravity. Defendants awaiting trial in custody wait an average of 9.5 weeks.

Stages of a Crown Court Trial

1. Beginning of the Trial: The clerk of the court calls the defendant into the dock, confirms their identity, reads the charges, and confirms their plea. If the plea is not guilty, a jury of 12 eligible individuals is randomly chosen, sworn in, and informed of the charges.

2. Case for the Prosecution:

• Opening Speech: Prosecution counsel outlines the case, summarises evidence, explains witnesses to be called, and informs the jury of the burden of proof, which lies with the prosecution to prove the defendant committed the crime.
• Examination-in-Chief: Witnesses (e.g., arresting officers, eyewitnesses) testify under oath or affirmation, questioned by the prosecution.
• Cross-Examination: Defence lawyers can cross-examine prosecution witnesses, asking leading questions to challenge their testimony.
• Re-Examination: Prosecution re-examines its witnesses to repair any damage from cross-examination.
• Submission of No Case to Answer: The defence may argue the prosecution failed to produce enough evidence. If the judge agrees (rarely), the jury is directed to acquit, and the case is dismissed.

3. Case for the Defence:

• Opening Speech: Defence counsel makes an opening speech, similar to the prosecution.
• Defence Witnesses: Defence witnesses are called to testify, undergoing examination-in-chief, cross-examination by the prosecution, and re-examination by the defence.
• Types of Evidence:
• Defendant's Evidence: The defendant is usually the first to testify. Failure to testify may be considered by the court.
• Witnesses to Fact: Individuals who witnessed the arrest, preceding events, or can provide an alibi.
• Expert Witnesses: Professionals qualified by academic status or extensive study to provide specialized insights.
• Character Witnesses: Individuals who aim to influence the court positively towards the defendant.

4. Closing Speeches and Verdict:

• Closing Speeches: The prosecutor delivers their closing speech first, followed by the defence. Both lawyers summarise legal and moral elements, aiming to persuade the jury.
• Summing Up by the Judge: The judge explains the main points of law relevant to the case and reminds the jury that their role is to decide questions of fact.
• Jury Deliberation: The jury elects a foreperson and deliberates privately to reach a verdict of guilty or not guilty. They first attempt a unanimous verdict. If not possible, the judge may direct them to reach a majority verdict (e.g., 11 to 1 or 10 to 2).
• Verdict: The jury's finding. If not guilty, the defendant is free. If guilty, the defendant is convicted.

Mitigation and Sentencing

After conviction, the defendant is allowed to make a statement in mitigation. This presents reasons why the sentence should not be overly harsh, such as financial hardships, medical problems, or a stressful breakup. Following this, the court proceeds to sentencing.

Youth Courts: Criminal Justice for Under 18s

Where the defendant is under 18 years of age, their case is heard by a Youth Court, regardless of the offence classification. However, a defendant under 18 must be tried on indictment for homicide. They may be tried on indictment for offences punishable by at least 14 years imprisonment or if jointly charged with an adult being tried on indictment.

• Court Composition: Youth Courts typically have three justices, with one man and one woman among them.
• Maximum Fines: The maximum fine for a child (under 14) is £250, and for a young person (under 18) is £1,000.
• Custodial Sentences: For those under 18, custodial sentences involve detention in a young offender's institution.
• Privacy: All Youth Court proceedings are held in private, closed to the public and media, to protect the privacy of young offenders.

Sentencing in England: Types and Applications

Once a defendant is found guilty, the court determines the sentence. The type, seriousness, circumstances of the crime, and maximum penalty available by law all influence this decision. Sentences aim to balance punishment, rehabilitation, and public protection.

Key Categories of Sentences

• Custodial Sentence: The most serious sentence, reserved for the gravest crimes, meaning time spent in prison.
• Community Sentence: Tailored to the individual, combining punishment with behavioural change and making amends. Options include:
• Compulsory (unpaid) work: Up to 300 hours on local community projects.
• Curfew requirement: Defendant must be home between certain times.
• Exclusion requirement: Banned from specific areas related to the crime for up to 2 years.
• Electronic monitoring: Wearing an electronic tag.
• Supervision requirement: Placed under a probation officer's supervision, attending appointments.
• Financial (a fine): A monetary penalty.
• Discharge: An offender is found guilty, but no further action is taken (e.g., Absolute discharge).
• Other: For example, a driving ban.

Types of Custodial Sentences

• Concurrent and Consecutive Sentences: If convicted of multiple crimes, sentences are given for each. Concurrent sentences are served at the same time. Consecutive sentences are served one after the other (e.g., 6 months followed by 3 months).
• Suspended Prison Sentences: Carried out in the community, with specific conditions (e.g., staying away from a place, unpaid work/community payback). Breaking conditions can lead to imprisonment.
• Determinate Prison Sentences: For a fixed length of time. Offenders sentenced to more than 12 months are usually released on licence (parole) after serving half their sentence, provided they are not dangerous. Breaking licence conditions can result in a return to prison.
• Indeterminate Prison Sentences: Not for a fixed length of time. The offender serves a minimum period (tariff) before being considered for release by the Parole Board. Given if an offender is deemed a danger to the public, with supervision for life upon release.
• Life Sentences: Mandatory for murder, and can be given for other serious offences (e.g., rape, armed robbery). A life sentence lasts for the rest of a person's life.

Sentences for Young People

Individuals under 18 receive different sentences from adults. These include:

• Detention and Training Order: For ages 12-17, lasting 4 months to 2 years. The first half is served in custody, the second half in the community.
• Extended Sentences: For violent or sexual crimes, involving a long period in custody followed by long-term supervision (e.g., electronic tagging).
• Murder: The court sets a minimum time in custody before parole eligibility.
• Other Serious Crimes: Sentences can be as long as an adult's for the same offence, including life sentences, but not longer.

FAQ: Your Questions on Procedural Criminal Law and Sentencing Answered

What is the difference between a summary trial and an indictment trial?

A summary trial is heard in the Magistrates' Court for less serious offences, without a jury. An indictment trial takes place in the Crown Court, for more serious offences, and involves a jury.

What is the maximum sentence a Magistrates' Court can impose?

The Magistrates' Court can impose a maximum fine and/or a six-month prison sentence for a single offence. For two or more offences heard at the same time, the maximum custodial sentence is 12 months.

What is the 'defendant's right to elect' in English criminal law?

For offences triable either way, even if the Magistrates' Court agrees to hear the case, the defendant has the right to refuse a summary trial and choose to have their case heard by a jury at the Crown Court.

What is a 'statement in mitigation'?

A statement in mitigation is made by a convicted defendant before sentencing, providing reasons why the court's sentence should not be overly harsh. These reasons might include personal circumstances like financial hardship or health issues.

How do indeterminate and determinate prison sentences differ?

Determinate prison sentences are for a fixed length of time, with release on licence typically after half the sentence. Indeterminate prison sentences have no fixed release date; the offender serves a minimum 'tariff' and is considered for parole, with lifelong supervision upon release, often given if the offender is considered a danger to the public.