Criminal Procedure in England and Wales

Introduction

Criminal procedure in England and Wales governs the process by which individuals are prosecuted, tried, and sentenced for criminal offences. The procedure is governed by the Criminal Procedure Rules (CrimPR) , which set out the rules for the management of criminal cases, and the Criminal Procedure and Investigations Act 1996, which governs disclosure. The overriding objective of the CrimPR is that criminal cases be dealt with justly, including acquitting the innocent and convicting the guilty, and that cases be dealt with efficiently and expeditiously.

The Magistrates’ Court

All criminal offences begin in the Magistrates’ Court, which deals with: summary only offences (the least serious, triable only in the magistrates’ court); either way offences (triable either in the magistrates’ court or in the Crown Court); and indictable only offences (the most serious, such as murder, which must be sent to the Crown Court).

The magistrates’ court is composed of a bench of three lay magistrates (justices of the peace), advised by a legally qualified justices’ clerk, or a single district judge (magistrates’ court). The magistrates decide questions of fact and law and impose sentence.

Committal and Sending

For either way offences, the magistrates’ court conducts a plea before venue hearing, at which the defendant is asked whether they plead guilty or not guilty. If the defendant pleads guilty, the magistrates may accept jurisdiction or commit the case to the Crown Court for sentence if they consider their sentencing powers are insufficient.

If the defendant pleads not guilty, the magistrates decide whether the case is suitable for trial in the magistrates’ court or whether it should be sent to the Crown Court. In making the decision, the magistrates consider whether their sentencing powers (maximum six months for a single offence) are adequate and whether the case involves complex issues of law or fact.

The Crown Court

The Crown Court deals with: indictable only offences (which must be tried in the Crown Court); either way offences sent from the magistrates’ court; and appeals from the magistrates’ court. The Crown Court is presided over by a judge (a High Court judge, a Circuit judge, or a Recorder) sitting with a jury of 12.

The jury decides questions of fact, and the judge decides questions of law and imposes sentence. The jury must reach a verdict of guilty or not guilty, and all 12 must agree (or, after a specified period, a majority of 10 may be accepted).

Plea

The plea is the defendant’s formal response to the charge. A plea of guilty may be entered at any stage of the proceedings, and the court must be satisfied that the defendant understands the charge and the consequences of the plea. A plea of not guilty requires the prosecution to prove the case beyond reasonable doubt.

Early guilty pleas attract a significant reduction in sentence. The Sentencing Council’s guideline on reduction in sentence for a guilty plea provides that a guilty plea entered at the first reasonable opportunity should attract a reduction of one-third, reducing to one-quarter after trial and one-tenth on the day of trial.

Disclosure

The Criminal Procedure and Investigations Act 1996 governs disclosure in criminal proceedings. The prosecution must disclose to the defence any material that might undermine the prosecution case or assist the defence, subject to the public interest immunity. The defence must serve a defence statement setting out the nature of the defence, the matters in issue, and the reasons for putting the prosecution to proof.

Bail

The Bail Act 1976 provides that a defendant has a right to bail pending trial, subject to exceptions where there are substantial grounds for believing that the defendant would fail to surrender, commit an offence, or interfere with witnesses. The court may impose conditions on bail, including residence, reporting, curfew, and electronic tagging.

Trial

The trial proceeds as follows: the prosecution opens its case; the prosecution calls evidence (witnesses and exhibits); the defence may submit that there is no case to answer; if the submission fails, the defence calls evidence; the parties make closing speeches; the judge sums up the law for the jury; and the jury deliberates and returns a verdict.

Sentence

If the defendant is convicted, the court imposes sentence. The court must have regard to the Sentencing Council’s guidelines and the principles of proportionality and totality. Sentences include: discharge (absolute or conditional); fine; community order; suspended sentence; and immediate custody.

Appeals

The defendant may appeal against conviction or sentence. Appeals from the magistrates’ court lie to the Crown Court (for a rehearing) or to the High Court (by way of case stated on a point of law). Appeals from the Crown Court lie to the Court of Appeal (Criminal Division), with a further appeal to the Supreme Court on a point of law of public general importance.

Conclusion

Criminal procedure in England and Wales provides a structured framework for the prosecution and trial of criminal offences. The division of jurisdiction between the magistrates’ court and the Crown Court, the rules on plea, disclosure, bail, and trial, and the avenues for appeal ensure that criminal proceedings are conducted fairly and efficiently, balancing the interests of the prosecution, the defendant, and the public.