UNITUNIT 10 10

CRIMINAL PROCEDURE IN CRIMINAL PROCEDURE IN ENGLAND AND WALESENGLAND AND WALES

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Definition of crimeDefinition of crime Types of criminal offencesTypes of criminal offences Elements of a crimeElements of a crime Burden of proofBurden of proof Criminal procedureCriminal procedure Adversary/inquisitorial procedureAdversary/inquisitorial procedure Purpose and types of punishmentPurpose and types of punishment

CRIMECRIME

An act that is considered to be a An act that is considered to be a public wrong and is therefore public wrong and is therefore punishable by the state in criminal punishable by the state in criminal proceedingsproceedings

Types of criminal offencesTypes of criminal offences

Summary offences: Magistrates’ Summary offences: Magistrates’ Court; no juryCourt; no jury

Indictable offences: Crown Court; jury Indictable offences: Crown Court; jury trialtrial

Offences triable either way Offences triable either way (Magistrate’s Court or Crown Court)(Magistrate’s Court or Crown Court)

Types of crimeTypes of crime

Crimes against the personCrimes against the person Crimes against propertyCrimes against property Crimes against the State and public Crimes against the State and public

peace and orderpeace and order

What does a crime consist of?What does a crime consist of?

Actus reus – criminal offenceActus reus – criminal offence Mens rea – criminal intentMens rea – criminal intent

Burden of proofBurden of proof

The prosecution must prove the The prosecution must prove the elements of crime BEYOND elements of crime BEYOND REASONABLE DOUBT REASONABLE DOUBT

(criminal quantum of proof)(criminal quantum of proof)

The PoliceThe Police

The police investigate a crime and The police investigate a crime and may arrest suspects and detain them may arrest suspects and detain them in custody. in custody.

If the police decide an offender If the police decide an offender should be prosecuted, a file on the should be prosecuted, a file on the case is sent to the Crown Prosecution case is sent to the Crown Prosecution Service (CPS)Service (CPS)

The Crown Prosecution ServiceThe Crown Prosecution Service

The CPS must consider whether The CPS must consider whether there is enough evidence for a there is enough evidence for a realistic prospect of conviction, and if realistic prospect of conviction, and if so, whether the public interest so, whether the public interest requires a prosecutionrequires a prosecution

The Crown Prosecution ServiceThe Crown Prosecution Service

They can decide to:They can decide to: go ahead with the prosecution, go ahead with the prosecution, send the case back to the police for a send the case back to the police for a

caution, or caution, or take no further actiontake no further action

Investigative powers of the policeInvestigative powers of the police

To stop and searchTo stop and search To arrest and search suspectsTo arrest and search suspects To detain and question suspects To detain and question suspects

(questioning – tape-recorded)(questioning – tape-recorded) To take fingerprints and bodily To take fingerprints and bodily

samplessamples To enter and search premisesTo enter and search premises To seize articles and documentsTo seize articles and documents

How do criminal proceedings start?How do criminal proceedings start?

Criminal proceedings can be initiated Criminal proceedings can be initiated by the serving of a summons setting by the serving of a summons setting out the offence and requiring the out the offence and requiring the accused to attend court, or, accused to attend court, or,

in more serious cases, by a warrant in more serious cases, by a warrant of arrestof arrest

BailBail

Bail : Bail : ‘freedom from custody; the ‘freedom from custody; the release of an arrested person from release of an arrested person from custody after payment has been custody after payment has been made to a court on condition that the made to a court on condition that the person will return to face trial’person will return to face trial’

Refusing bailRefusing bail

Magistrates may refuse bail if they Magistrates may refuse bail if they believe that the defendant will:believe that the defendant will:

1) fail to surrender to custody; 1) fail to surrender to custody; 2) commit another offence; 2) commit another offence; 3) interfere with witnesses3) interfere with witnesses

CustodyCustody

““A person arrested and held in A person arrested and held in custody in a police station or other custody in a police station or other premises shall be entitled, if he so premises shall be entitled, if he so requests, to consult a solicitor at any requests, to consult a solicitor at any time” (duty solicitors)time” (duty solicitors)

CustodyCustody

A person should not be detained for A person should not be detained for more than 24 hours (36 hours in more than 24 hours (36 hours in serious cases to secure or preserve serious cases to secure or preserve evidence; max. period: 96 hours) evidence; max. period: 96 hours) without being formally charged with without being formally charged with a crimea crime

Caution (Right to silence)Caution (Right to silence)

Before 1994: “You do not have Before 1994: “You do not have to say anything unless you wish to say anything unless you wish to do so, but what you say may to do so, but what you say may be given in evidencebe given in evidence””

CautionCaution

Since 1994: “You do not have to say Since 1994: “You do not have to say anything. But if you do not mention anything. But if you do not mention now something which you later use in now something which you later use in your defence, the court may decide your defence, the court may decide that your failure to mention it now that your failure to mention it now strenghtens the case against you. A strenghtens the case against you. A record will be made of anything you record will be made of anything you say and it may be given in evidence if say and it may be given in evidence if you are brought to trial”you are brought to trial”

Right to a Fair TrialRight to a Fair Trial

The right to be presumed innocentThe right to be presumed innocent The privilege against self-The privilege against self-

incriminationincrimination The right to silenceThe right to silence The right to legal aid and assistanceThe right to legal aid and assistance The right to be brought promptly The right to be brought promptly

before a courtbefore a court

Right to a Fair TrialRight to a Fair Trial

The right to release pending trialThe right to release pending trial The right to confront witnessesThe right to confront witnesses The right to be tried on evidence not The right to be tried on evidence not

obtained by violation of fundamental obtained by violation of fundamental rightsrights

CRIMINAL TRIALCRIMINAL TRIAL

The accused enters the dock (‘part of The accused enters the dock (‘part of a court where an accused prisoner a court where an accused prisoner stands’)stands’)

The charge is read outThe charge is read out The accused pleads ‘guilty’ or ‘not The accused pleads ‘guilty’ or ‘not

guilty’guilty’

Criminal TrialCriminal Trial

On a “guilty plea”, the Magistrates’ On a “guilty plea”, the Magistrates’ Court can either proceed to sentence Court can either proceed to sentence or commit to the Crown Court for or commit to the Crown Court for sentencesentence

On a ‘not guilty plea’ the trial On a ‘not guilty plea’ the trial proceeds to establish the person’s proceeds to establish the person’s guilt or innocenceguilt or innocence

ACCUSATORIAL (OR ADVERSARY) ACCUSATORIAL (OR ADVERSARY) PROCEDUREPROCEDURE

A procedure in common law A procedure in common law countries where each side collects countries where each side collects and presents their own evidence and and presents their own evidence and attacks their opponent’s by cross attacks their opponent’s by cross examinationexamination

INQUISITORIAL PROCEDUREINQUISITORIAL PROCEDURE

In countries where Roman law is In countries where Roman law is applied, a procedure by which an applied, a procedure by which an examining magistrate has the duty examining magistrate has the duty to investigate a case and produce to investigate a case and produce evidenceevidence

ACCUSATORIAL PROCEDUREACCUSATORIAL PROCEDURE

Accusatorial (adversary Accusatorial (adversary procedure):procedure): A system of criminal A system of criminal justice in which conclusions as to justice in which conclusions as to liability are reached by the process of liability are reached by the process of prosecution and defence. prosecution and defence.

ACCUSATORIAL PROCEDUREACCUSATORIAL PROCEDURE

It is the primary duty of the It is the primary duty of the prosecutor and defence to press their prosecutor and defence to press their respective viewpoints within the respective viewpoints within the constraints of the rules of evidence constraints of the rules of evidence while the judge acts as an impartial while the judge acts as an impartial umpire, who allows the facts to umpire, who allows the facts to emerge from this procedure. emerge from this procedure.

STAGES OF A CRIMINAL TRIALSTAGES OF A CRIMINAL TRIAL

1. Accusation1. Accusation 2. Jury sworn in2. Jury sworn in 3. Prosecution opening speech3. Prosecution opening speech 4. Prosecution evidence4. Prosecution evidence 5. Defence opening speech5. Defence opening speech 6. Defence evidence6. Defence evidence 7. Prosecution closing speech7. Prosecution closing speech 8. Defence closing speech8. Defence closing speech 9. Judge’s summing up9. Judge’s summing up 10. Jury’s verdict10. Jury’s verdict 11. Sentence11. Sentence

Principles of criminal justicePrinciples of criminal justice

Every person accused of crime must Every person accused of crime must know what the accusation isknow what the accusation is

A person can be convicted of crime A person can be convicted of crime only on evidence given in open courtonly on evidence given in open court

The burden of proof is always on the The burden of proof is always on the prosecutionprosecution

‘‘No man shall be condemned unheard’No man shall be condemned unheard’ Trial by juryTrial by jury

THE JURYTHE JURY

Trial by jury – an ancient and important feature of Trial by jury – an ancient and important feature of English justice; the main element in criminal trials English justice; the main element in criminal trials in the Crown Courtin the Crown Court

Jury membership – in the past, linked to the Jury membership – in the past, linked to the ownership of propertyownership of property

THE JURYTHE JURY

Today – before the start of a criminal Today – before the start of a criminal trial, 12 jurors are chosen from a list trial, 12 jurors are chosen from a list of some 30 names randomly selected of some 30 names randomly selected from local electoral registersfrom local electoral registers

They listen to the evidence and give They listen to the evidence and give their verdict on the factstheir verdict on the facts

The JuryThe Jury

If a jury cannot reach a decision, it If a jury cannot reach a decision, it will be discharged and a new one will be discharged and a new one sworn insworn in

Until 1967 the verdict had to be Until 1967 the verdict had to be unanimousunanimous

Today: a majority verdict (ten to two)Today: a majority verdict (ten to two)

The Jury SystemThe Jury System

safeguards individual liberty and safeguards individual liberty and justice; the ordinary citizen’s link justice; the ordinary citizen’s link with the legal processwith the legal process

Criticism: high acquittal rates; Criticism: high acquittal rates; subjective jurors; intimidation of subjective jurors; intimidation of jurors; costsjurors; costs

Lord Devlin, Lord Devlin, Trial by JuryTrial by Jury

““The first object of any tyrant in The first object of any tyrant in Whitehall would be to make Parliament Whitehall would be to make Parliament utterly subservient to his will; and the utterly subservient to his will; and the next to overthrow or diminish trial by next to overthrow or diminish trial by jury, for no tyrant could afford to leave a jury, for no tyrant could afford to leave a subject’s freedom in the hands of twelve subject’s freedom in the hands of twelve of his countrymen. So that trial by jury is of his countrymen. So that trial by jury is more than an instrument of justice and more than an instrument of justice and more than one wheel of the constitution: more than one wheel of the constitution: it is the lamp that shows that freedom it is the lamp that shows that freedom lives”lives”

THE JUDGETHE JUDGE

Controlling influence in the battle Controlling influence in the battle between defence and prosecutionbetween defence and prosecution

Applies the rules of the court and Applies the rules of the court and gives directions on procedure and gives directions on procedure and evidenceevidence

Should not interfere nor show biasShould not interfere nor show bias Passes sentencePasses sentence

Purposes of sentencingPurposes of sentencing

Punishment (retribution)Punishment (retribution) Public protectionPublic protection Crime reductionCrime reduction ReparationReparation Rehabilitation of offendersRehabilitation of offenders

TYPES OF PUNISHMENTTYPES OF PUNISHMENT

Unconditional dischargeUnconditional discharge (if it is a person’s (if it is a person’s first offence, and if it is not serious)first offence, and if it is not serious)

Conditional dischargeConditional discharge (the accused is set (the accused is set free but if he commits another crime within a free but if he commits another crime within a stated time, the first crime will be taken into stated time, the first crime will be taken into account; he may be put on probation: regular account; he may be put on probation: regular meetings with a social worker)meetings with a social worker)

FineFine Community serviceCommunity service

Types of PunishmentTypes of Punishment

ImprisonmentImprisonment Life sentenceLife sentence Death penaltyDeath penalty – abolished in the UK – abolished in the UK

in 1965 (except for treason); in 1998 in 1965 (except for treason); in 1998 the home secretary signed the 6th the home secretary signed the 6th protocol of the European Convention protocol of the European Convention of Human Rights which formally of Human Rights which formally abolished the death penalty in the abolished the death penalty in the U.K.U.K.

CRIMINAL APPEALSCRIMINAL APPEALS

The Court of Appeal (Criminal Division):The Court of Appeal (Criminal Division): 1) The conviction may be quashed (the 1) The conviction may be quashed (the

jury’s previous verdict is overruled and jury’s previous verdict is overruled and the accused is pronounced ‘not guilty’the accused is pronounced ‘not guilty’

2) The sentence may be reduced2) The sentence may be reduced The Supreme Court:The Supreme Court: Either prosecutor or defendant my Either prosecutor or defendant my

appeal on a point of law of general appeal on a point of law of general public importancepublic importance

The royal prerogative of mercyThe royal prerogative of mercy

The power to pardon convicted The power to pardon convicted individuals exercised by the Crown on individuals exercised by the Crown on the advice of the Home Secretary:the advice of the Home Secretary:

1) A free pardon: quashing a 1) A free pardon: quashing a convictionconviction

2) A conditional pardon: excusing or 2) A conditional pardon: excusing or varying the conviction subject to varying the conviction subject to conditionsconditions

3) Remission of a sentence (‘reduction 3) Remission of a sentence (‘reduction of a prison sentence’)of a prison sentence’)

cross-examined,judge, jury, cross-examined,judge, jury, prosecution, trial, witnessesprosecution, trial, witnesses

A ___may be defined as a judicial A ___may be defined as a judicial examination of the issues between the examination of the issues between the parties.Although some variations may parties.Although some variations may exist, trials are usually held before a__, or exist, trials are usually held before a__, or a judge and jury. The counsels for the a judge and jury. The counsels for the __and for the defence make opening __and for the defence make opening statements to the __, outlining what each statements to the __, outlining what each sees as the nature of the case and what sees as the nature of the case and what each hopes to prove as the trial proceeds. each hopes to prove as the trial proceeds. Next, the counsel for the prosecution Next, the counsel for the prosecution presents his case by calling__, questioning presents his case by calling__, questioning them, and permitting them to be __by the them, and permitting them to be __by the counsel for the defence.counsel for the defence.

KeyKey A trial may be defined as a judicial A trial may be defined as a judicial

examination of the issues between the examination of the issues between the parties.Although some variations may exist, parties.Although some variations may exist, trials are usually held before a judge, or a trials are usually held before a judge, or a judge and jury. The counsels for the judge and jury. The counsels for the prosecution and for the defence make prosecution and for the defence make opening statements to the jury, outlining opening statements to the jury, outlining what each sees as the nature of the case what each sees as the nature of the case and what each hopes to prove as the trial and what each hopes to prove as the trial proceeds. Next, the counsel for the proceeds. Next, the counsel for the prosecution presents his case by calling prosecution presents his case by calling witnesses, questioning them, and permitting witnesses, questioning them, and permitting them to be cross-examined by the counsel them to be cross-examined by the counsel for the defence.for the defence.

clients, evidence, facts, lawclients, evidence, facts, law

The counsel for each side then makes a The counsel for each side then makes a closing argument to the jury, closing argument to the jury, summarizing the __in a light most summarizing the __in a light most favourable to their respective__. The favourable to their respective__. The function of the jury is to determine the function of the jury is to determine the __of the case, whereas the function of __of the case, whereas the function of the judge is to determine the applicable the judge is to determine the applicable __and to oversee the parties’ __and to oversee the parties’ presentation of the facts to the court. presentation of the facts to the court.

KeyKey

The counsel for each side then makes a The counsel for each side then makes a closing argument to the jury, closing argument to the jury, summarizing the evidence in a light summarizing the evidence in a light most favourable to their respective most favourable to their respective clients. The function of the jury is to clients. The function of the jury is to determine the facts of the case, determine the facts of the case, whereas the function of the judge is to whereas the function of the judge is to determine the applicable law and to determine the applicable law and to oversee the parties’ presentation of the oversee the parties’ presentation of the facts to the court. facts to the court.

applicable, constitutes, court, applicable, constitutes, court, verdictverdict

After the judge has instructed the After the judge has instructed the jury on the ___law, the jury will retire jury on the ___law, the jury will retire to deliberate in private until it to deliberate in private until it reaches a__, which will then be reaches a__, which will then be announced in open__. In a case tried announced in open__. In a case tried before a judge sitting alone, the before a judge sitting alone, the decision of the judge ___a decision of the judge ___a termination of the trial. termination of the trial.

KeyKey

After the judge has instructed the After the judge has instructed the jury on the applicable law, the jury jury on the applicable law, the jury will retire to deliberate in private will retire to deliberate in private until it reaches a verdict, which will until it reaches a verdict, which will then be announced in open court. In then be announced in open court. In a case tried before a judge sitting a case tried before a judge sitting alone, the decision of the judge alone, the decision of the judge constitutes a termination of the trial. constitutes a termination of the trial.

Legal termsLegal terms

Summary offenceSummary offence Lakše kazneno djelo; djelo za koje se Lakše kazneno djelo; djelo za koje se

sudi na osnovnom sudu (bez porote)sudi na osnovnom sudu (bez porote) Indictable offenceIndictable offence Teško kazneno djeloTeško kazneno djelo

Legal termsLegal terms

ApprehendApprehend Uhititi, lišiti slobodeUhititi, lišiti slobode SuspectSuspect Sumnjiva osoba, osumnjičenikSumnjiva osoba, osumnjičenik CustodyCustody Pritvor, istražni zatvorPritvor, istražni zatvor Remand in custodyRemand in custody Zadržati u pritvoruZadržati u pritvoru

Legal termsLegal terms

BailBail Jamstvo; privremeno puštanje na slobodu Jamstvo; privremeno puštanje na slobodu

uz jamčevinuuz jamčevinu OffenderOffender Počinitelj, prijestupnikPočinitelj, prijestupnik OffenceOffence Kazneno djeloKazneno djelo OffendOffend Počiniti kazneno djeloPočiniti kazneno djelo

Legal termsLegal terms

ChargeCharge Optužnica, optužni prijedlogOptužnica, optužni prijedlog To bring a chargeTo bring a charge Podići optužnicuPodići optužnicu SummonSummon Poziv na sudPoziv na sud

Legal termsLegal terms

ProsecuteProsecute Pokrenuti sudski postupakPokrenuti sudski postupak ProsecutionProsecution Pokretanje kaznenog postupka, Pokretanje kaznenog postupka,

podizanje optužnicepodizanje optužnice ProsecutorProsecutor tužiteljtužitelj

Legal termsLegal terms

Right against self-incriminationRight against self-incrimination Right not to say anything, when Right not to say anything, when

questioned by the police, in case you questioned by the police, in case you may say something which could may say something which could incriminate youincriminate you

Pravo na šutnjuPravo na šutnju

Legal termsLegal terms

DockDock Optuženičko mjesto u sudniciOptuženičko mjesto u sudnici PleaPlea In criminal proceedings, a formal statement In criminal proceedings, a formal statement

made in court by an accused person as a made in court by an accused person as a response to the charge made against himresponse to the charge made against him

Izjašnjavanje, odgovor na optužnicuIzjašnjavanje, odgovor na optužnicu PleadPlead Izjasniti se o krivnjiIzjasniti se o krivnji

Legal termsLegal terms

VerdictVerdict Odluka poroteOdluka porote AcquitAcquit Osloboditi krivnjeOsloboditi krivnje AcquittalAcquittal Oslobađajuća presudaOslobađajuća presuda

Legal termsLegal terms

ConvictionConviction A decision that a person accused of a A decision that a person accused of a

crime is guiltycrime is guilty Osuđujuća presudaOsuđujuća presuda SentenceSentence A legal punishment given by a court A legal punishment given by a court

to a convicted personto a convicted person Kaznena presudaKaznena presuda

Legal termsLegal terms

QuashQuash To invalidate a conviction made in an To invalidate a conviction made in an

inferior court ot to set aside a inferior court ot to set aside a decision subject to judicial reviewdecision subject to judicial review

Poništiti presuduPoništiti presudu OverruleOverrule Poništiti, ukinuti presudu nižeg sudaPoništiti, ukinuti presudu nižeg suda

Legal termsLegal terms

RemissionRemission reduction of a prison sentence (for reduction of a prison sentence (for

good behaviour)good behaviour) Umanjenje kazneUmanjenje kazne remitremit CommuteCommute To reduce a harsh sentence to a To reduce a harsh sentence to a

lesser onelesser one

Legal termsLegal terms

Prerogative of mercyPrerogative of mercy The power to commute or remit a The power to commute or remit a

sentencesentence Pravo na pomilovanjePravo na pomilovanje

True or False?True or False?

1. Criminal trials are always held in 1. Criminal trials are always held in front of a jury.front of a jury.

2. A judge may sit alone to hear a 2. A judge may sit alone to hear a legal case.legal case.

3. At the beginning of the trial both 3. At the beginning of the trial both counsels outline their case.counsels outline their case.

4. The counsel for the defence may 4. The counsel for the defence may cross-examine prosecution witnesses.cross-examine prosecution witnesses.

True or False?True or False?

The function of the jury is to decide The function of the jury is to decide the applicable law.the applicable law.

The judge may intervene if the The judge may intervene if the counsels on either side fail to counsels on either side fail to observe the court procedures.observe the court procedures.

The judge advises the jury on the law The judge advises the jury on the law relevant to the case.relevant to the case.

The jury discusses their verdict in The jury discusses their verdict in open court.open court.

Key players in the criminal lawKey players in the criminal law

WhoWho WhatWhat

The police interrogateThe police interrogate Arrests, searches and seizuresArrests, searches and seizures

The police carry outThe police carry out On the sentence to be On the sentence to be imposedimposed

The magistrate The magistrate sometimes conductssometimes conducts

Over the courtOver the court

The prosecutor conductsThe prosecutor conducts Suspects and witnessesSuspects and witnesses

The suspect has the rightThe suspect has the right The case in court on behalf of The case in court on behalf of the policethe police

The suspect is innocentThe suspect is innocent The investigation in cases of The investigation in cases of serious criminal offenceserious criminal offence

Key players in the criminal lawKey players in the criminal law

WhoWho WhatWhat

The defence counsel assistsThe defence counsel assists The suspect from violations of The suspect from violations of his rights at the hands of law-his rights at the hands of law-enforcement personnelenforcement personnel

The defence counsel protectsThe defence counsel protects The suspect in gathering The suspect in gathering exonerating evidenceexonerating evidence

The judge presidesThe judge presides To remain silentTo remain silent

The judge decidesThe judge decides Until proved guiltyUntil proved guilty

The jury decidesThe jury decides Whether the accused is guilty Whether the accused is guilty or notor not

Stages in a criminal procedure:Stages in a criminal procedure:

1. Crime reported1. Crime reported 2. investigation by police2. investigation by police 3. investigation of suspect3. investigation of suspect 4. apprehension of suspect4. apprehension of suspect 5. charge of suspect5. charge of suspect 6. remand in custody, or6. remand in custody, or 7. release on bail7. release on bail 8. interrogation of accused8. interrogation of accused 9. interrogation of witnesses9. interrogation of witnesses

11. decision of jury11. decision of jury 12. judgement of judge12. judgement of judge 13. conviction of accused or13. conviction of accused or 14. acquittal of accused14. acquittal of accused 15. sentence by judge15. sentence by judge 16. appeal against judgement16. appeal against judgement

Exercise: Match each stage to its Exercise: Match each stage to its correct definitioncorrect definition

__: the police free the person alleged __: the police free the person alleged to have committed the crime on to have committed the crime on condition that the accused appears condition that the accused appears at court at a future dateat court at a future date

___: the jury panel make a decision ___: the jury panel make a decision whether they believe (beyond whether they believe (beyond reasonable doubt) that the accused reasonable doubt) that the accused committed the crime of which s/he is committed the crime of which s/he is accusedaccused

___:the judge decides punishment___:the judge decides punishment ___: the police carry out a systematic ___: the police carry out a systematic

examination of the person who may examination of the person who may have committed a crimehave committed a crime

___: the police receive information ___: the police receive information that a crime may have been that a crime may have been committedcommitted

___: the police make a claim of ___: the police make a claim of wrongdoing against the person wrongdoing against the person alleged to have committed the crimealleged to have committed the crime

___: the police carry out further ___: the police carry out further questining of the person alleged to questining of the person alleged to have committed the crimehave committed the crime

___: the defendant is found not guilty ___: the defendant is found not guilty of the chargeof the charge

___:the accused comes to court to ___:the accused comes to court to face chargesface charges

___: the police carry out a detailed ___: the police carry out a detailed enquiry into the alleged crimeenquiry into the alleged crime

___:after being found guilty, the accused ___:after being found guilty, the accused brings an action to clear his/her name or brings an action to clear his/her name or to reduce the sentenceto reduce the sentence

___: the police arrest the person who is ___: the police arrest the person who is alleged to have committed the crimealleged to have committed the crime

___: the police detain the person alleged ___: the police detain the person alleged to have committed the crimeto have committed the crime

___: the judge makes a judicial decision___: the judge makes a judicial decision

___: the police collect evidence ___: the police collect evidence against the accused from those who against the accused from those who can give evidencecan give evidence

__: the defendant is found guilty__: the defendant is found guilty

KeyKey

Release on bailRelease on bail: the police free the : the police free the person alleged to have committed person alleged to have committed the crime on condition that the the crime on condition that the accused appears at court at a future accused appears at court at a future date.date.

Decision of juryDecision of jury: the jury panel : the jury panel make a decision whether they make a decision whether they believe (beyond reasonable doubt) believe (beyond reasonable doubt) that the accused committed the that the accused committed the crime of which s/he is accusedcrime of which s/he is accused

KeyKey

SentenceSentence:the judge decides punishment:the judge decides punishment Investigation of suspectInvestigation of suspect: the police : the police

carry out a systematic examination of the carry out a systematic examination of the person who may have committed a crimeperson who may have committed a crime

Crime reportedCrime reported: the police receive : the police receive information that a crime may have been information that a crime may have been committedcommitted

Charge of suspectCharge of suspect : the police make a : the police make a claim of wrongdoing against the person claim of wrongdoing against the person alleged to have committed the crimealleged to have committed the crime

KeyKey

Interrogation of accusedInterrogation of accused: the police : the police carry out further questining of the person carry out further questining of the person alleged to have committed the crimealleged to have committed the crime

Acquittal of accusedAcquittal of accused: the defendant is : the defendant is found not guilty of the chargefound not guilty of the charge

Appearance inAppearance in courtcourt: the accused : the accused comes to court to face chargescomes to court to face charges

Investigation by policeInvestigation by police: the police carry : the police carry out a detailed enquiry into the alleged out a detailed enquiry into the alleged crimecrime

KeyKey

Appeal against judgementAppeal against judgement: after being : after being found guilty, the accused brings an action to found guilty, the accused brings an action to clear his/her name or to reduce the sentenceclear his/her name or to reduce the sentence

Apprehension of suspectApprehension of suspect: the police : the police arrest the person who is alleged to have arrest the person who is alleged to have committed the crimecommitted the crime

Remand in custodyRemand in custody: the police detain the : the police detain the person alleged to have committed the crimeperson alleged to have committed the crime

JudgementJudgement: the judge makes a judicial : the judge makes a judicial decisiondecision

KeyKey

Interrogation of witnessesInterrogation of witnesses: the : the police collect evidence against the police collect evidence against the accused from those who can give accused from those who can give evidenceevidence

Conviction of accusedConviction of accused: the : the defendant is found guiltydefendant is found guilty