The following is a very brief outline of the Criminal Justice system to let you know what is likely to happen if you have been charged with a criminal offence and to explain some of the terminology. It is not meant to be a detailed explanation, so we strongly recommend that you speak to one of the advisors at EDS to get specific advice in relation to any specific allegation or charge against you. The outline is designed to inform you of the general procedure followed if you are investigated for an offence or charged with an offence and have to attend Court. The Police have contact numbers for all of the advisors in our team and are able to contact us 24 hours a day. The Investigation stage If someone reports an allegation of an offence to the Police they will investigate the allegation and try to discover who is responsible. If the offence is serious and they have 'reasonable suspicion' that a person may have been involved in or may have committed that offence, they are entitled to arrest and question that person. Serious offences are classed as arrestable and less serious offences are classed as non-arrestable. You may be asked to talk to the Police on a voluntary basis, about a non-arrestable offence. In either case, please ask the police to contact us immediately, so that one of our criminal lawyers can attend and advise you. There are strict rules laid down regarding how the Police can ask questions about an alleged offence. These rules are contained in the Police Codes of Practice. If you are arrested the Police can normally keep you for a maximum of 24 hours. They have a duty to deal with you as quickly as possible. They must also ensure that whilst you are in custody you are provided with necessary refreshments and if you are kept for a long time that you have an opportunity to sleep. You are also entitled to free, independent legal representation. The Police have contact numbers for all our solicitors and Police Station representatives. They will contact us if you ask them to. We will then speak to you as soon as possible. We will usually attend with you when the Police intend to carry out an interview. In the Police interview you have the right to remain silent. You should take legal advice before deciding to remain silent, because the Court may hold it against you by if you fail to explain your defence at the earliest opportunity. After the Police have listened to your explanation, they will charge you with an offence if they feel they have a reasonable prospect of getting a conviction against you. If they need to make further inquiries, they may release you on bail to attend the Police Station at a later date. They may choose to notify you that they have decided to take no further action. This means that unless further evidence comes to light, the matter is at an end. If further evidence does come to light, they would probably want to re-interview you to ask you further questions about the new evidence. If you are charged with an offence, you will either held in custody to appear before the next Magistrates Court, or you will be granted bail to attend at the Magistrates Court at the next appropriate hearing date. Sometimes bail will be granted subject to conditions. The Custody Sergeant has to have good reason for imposing any conditions on your bail. These conditions will be reviewed at Court by the Magistrates on your first Court Appearance. If you are remanded in custody or granted bail, we would recommend you make sure you are represented at Court on the first occasion. Criminal proceedings before the Magistrates Court When you are charged with a criminal offence, your first Court appearance will always be before the local Magistrates Court, or Youth Court if you are under 18 years old. The Magistrates Courts in this area are based in Torquay, Plymouth, Exeter, Totnes and Newton Abbot. We are able to arrange representatives to advise you at Magistrates Courts outside of these areas. The local Youth Courts are normally held at Newton Abbot, Exeter and Plymouth. At Court you will normally be entitled to free representation. This can be by way of a Representation Order or by the Duty Solicitor at Court. This representation is normally available to anyone charged with an imprisonable offence. Among the things taken into consideration when deciding if these services are available to you are the seriousness of the offence and the likely outcome. The Duty Solicitors service at Court is a free service. If we represent you at Court, we will normally apply for a Representation Order on your behalf. Types of Offences Offences are divided into three different categories. Each classification is dealt with in a different way within the Court system. Summary Offences Summary offences tend to be less serious. Examples of summary offences are: Most road traffic offences Low value allegations of criminal damage Common assault Minor Public Order Act offences Summary offences are dealt with in the Magistrates Court system. Magistrates are trained in their duties as Magistrates, but they do not have any legal qualifications and are not lawyers. The Magistrates are the three people who sit on the bench at the front of the Court. They are advised by a Court Clerk, who sits in front of them, and is a qualified solicitor or barrister. Magistrates are responsible for trying summary only offences and for sentencing in summary offences. They are also responsible for deciding whether a case should be adjourned. If you have been charged with an offence and appear before the Magistrates Court, the Police paperwork is sent to the Crown Prosecution Service. The CPS are responsible for prosecuting the allegation against you from then on. They will review the case and the evidence against you and decide whether to take the matter further. It is their job to act objectively and make a balanced decision as to whether the case should proceed. ‘Either Way’ offences These are offences, which can be tried either in the Magistrates Court or in the Crown Court, dependent on the seriousness of allegation. Examples of either way offences are: Theft High value criminal damage Possession of controlled drugs More serious assaults, e.g. actual bodily harm When Magistrates are dealing with an either way offence they have to decide whether to offer the person charged a trial within the Magistrates Court system. Their decision is based on the seriousness of the allegation. The Magistrates will normally accept jurisdiction if the case involves possession of small quantities of controlled drugs or low value thefts. If the offence is more serious, the Magistrates would normally commit your case to the Crown Court, to be dealt with by a Judge and (if a trial is necessary) a jury. You have a say in where your case should be dealt with and we would advise you take legal advice on this aspect. If your case is committed to the Crown Court, it will be adjourned for the Crown Prosecution Service to prepare the paperwork. This usually takes about 6 weeks. If you are committed to Crown Court for sentencing rather than trial, the process is a lot quicker. ‘Indictable only’ offences Indictable only offences are the most serious offences that come before the Court. They include offences such as: Robbery Rape Murder Conspiracies Cases in this classification, where a serious offence is alleged can only be dealt with in the Crown Court before a Judge and jury. You case will be listed before the Magistrates Court, then immediately sent to be heard at the local Crown Court. The local Crown Courts in this area are in Plymouth and Exeter. If your case is to be heard before the Crown Court, you will be represented at Court by a specialist criminal barrister. You will continue to receive advice from your solicitor. The barrister and your solicitor will work together to prepare your case for a hearing before the Crown Court. At the Crown Court your case will be dealt with by a Judge. A Judge is a senior legally qualified barrister or solicitor. If you deny the alleged offence, then the jury will decide whether or not you committed the offence. The jury are ordinary people, not legally qualified, selected randomly from the community to sit and make decisions as to whether or not an individual is guilty of the alleged offence. The jury are assisted by the Judge regarding any legal issues. If a person pleads guilty at the Crown Court, or is convicted by the jury, then the Judge is responsible for deciding the appropriate sentence. Sentencing If you plead guilty in relation to an offence or are found guilty after trial you will be sentenced in relation to the offence committed. In the Magistrates Court the sentence is decided by the Magistrates, with the help of the Court Clerk, referring to appropriate guidelines. If you are sentenced at the Crown Court, you will be sentenced by the Judge, again referring to sentencing guidelines. If you plead guilty before a trial is necessary, then you are entitled to a discount on any sentence imposed. The rate of reduction is entirely at the discretion of the Magistrates or Judge and is normally one third off the sentence that would normally be imposed, for example a £200 fine rather than a £300 fine. The Main Types of sentences that can be imposed are as follows: 1. Absolute discharge These sentences are rarely imposed. They are normally imposed when the Court feels that there has been no criminality on the part of the person before the Court, and that it was a technical offence rather than a deliberate wrongdoing. There will normally be substantial mitigation in these cases. 2. Conditional discharge Conditional discharge is imposed for minor offences and is set for a period of time, for example one year. The conditional discharge means that if you do not commit any other offences within the period of the discharge, there will be no punishment for the offence. If you did commit another offence during the period of the discharge, you would be sentenced for the new offence and you would be sentenced again for the original offence. 3. Financial penalties Financial penalties can be imposed in the form of fines, compensation and costs. The Magistrate or Judge can impose any combination of these penalties. Any financial penalty must take into consideration your ability to pay, so if you were in receipt of State Benefits, a financial penalty would be lower than if you were working and earning a good salary. In deciding whether or not to impose any financial penalty, the Court must first take into account whether any compensation should be ordered. 4. Community Rehabilitation Order A Community Rehabilitation Order is the modern equivalent of a Probation Order. It will last for a set period of time and will involve you attending meetings with the Probation Service and discussing ways to make sure you do not commit any further offences. 5. Community Punishment Order This is where you are ordered for a set period of hours, to work unpaid within the community. You will work with a Community Punishment Officer, who will delegate work to you as he or she feels appropriate. The Order must be completed within a set period of time. 6. Combination Order This is where the Magistrates or the Judge decides you should serve a combination of community punishment and community rehabilitation. See above for details. 7. Imprisonment The Magistrates or Judge can only send you to prison if they feel that the offence you have committed is so serious that it could not be dealt with in any other way. The period of imprisonment imposed should reflect the seriousness of the offence. If you are sentenced to less than 3 years, you will normally serve half of the sentence. You will then be released on licence. If you commit any further offences while released on licence, you will be recalled to prison to serve the rest of the sentence. If you are sentenced to more than 4 years, you will normally serve two thirds of the sentence and then you will be released on licence for the remaining one third. There is also a possibility that you would be released earlier if the Governor at your prison feels that you are suitable for electronic tagging. There are other sentences the Magistrates can impose and sentencing in Youth Court is not the same as described above. We recommend you take legal advice about your case and any sentencing hearing. This will prepare you for the likely outcome. A solicitor or barrister can put forward mitigation on your behalf and make representations that any sentence reflects the circumstances in which the offence was committed. The Courts can also suspend or defer sentences. You would be wise to take legal advice regarding the suitability of any sentence. Conclusion Again, we stress the fact that this is only a guideline to the Criminal Justice System. We have described some of the things you may have to deal with if charged with a criminal offence. We emphasise that you should seek legal advice if you have any questions and need advice about specific problems. Contact EDS www.sentencing-advisory-panel.gov.uk