Criminal justice

Criminal law is concerned with protecting the community and establishing and maintaining social order. Those who break the law can be prosecuted and if found guilty they can then be fined, given a community penalty or sent to prison.

The prosecution process

Decisions to prosecute offences are made by the Public Prosecution Service (PPS) and are based on evidence gathered by the police.

The PPS may proceed with a prosecution if it believes there is enough evidence to provide a reasonable prospect of getting a conviction against each defendant on each charge. It also considers whether it is in the public interest to proceed.

'Summary' offences are the least serious and may only be tried in the Magistrates' Court. There are also 'indictable-only' offences and 'Triable-either-way' offences.

'Indictable-only' offences, which include murder, manslaughter and robbery, must be tried by a judge and jury in the Crown Court on indictment. 'Triable-either-way' offences are dealt with as 'summary' offences unless the district judge decides that the case is more suitable for the Crown Court, or the defendant asks to be tried at the Crown Court.

For more information on the work of the PPS, you can visit its website at the following link.

Public Prosecution Service

Trials

In our legal system, a person accused of an offence is known as the defendant and is believed to be innocent until proved by the prosecution to be guilty beyond reasonable doubt. Criminal trials usually take place in what is known as 'open court'. This means that the media and members of the public are allowed to go and listen to the trial. If a defendant pleads 'not guilty', the prosecution and defence call and examine witnesses and present to the judge and jury opposing versions of the case. Strict rules govern how this is done. If the defendant pleads 'guilty', the judge will decide an appropriate sentence.

The jury

A jury is made up of 12 jurors who are members of the public selected at random from the Electoral Register. The jury is independent of the judiciary and is responsible for deciding questions of fact. Their verdict can be 'guilty' or 'not guilty'. In jury trials the judge decides questions of law, sums up the case to the jury and discharges or sentences the accused if they are found guilty of the offence they have been charged with.

For more information on jury service and the juror's role, follow the links below.