Court Reporting 1 - Basic Court Knowledge

Under the act a police officer can arrest someone who has committed, is committing or is about to commit a crime. Officers must have reasonable grounds for suspicion. An arrest automatically makes a case active under the Contempt of Court Act 1981

28 days. However, a police superintendent can authorise it to be extended for a further three months if no decision has been made on a charge. Any further extension has to be approved by magistrates.

A summons is a formal document issued by magistrates setting out one or more allegations in similar detail to a charge. It requires attendance at court on a specified date to respond to the allegations.

The issue of a summons makes a case active under the Contempt of Court Act 1981.

Magistrates can issue an arrest warrant if sworn, written information is laid before them that a person has committed an indictable-only offence, or any summary offence punishable by imprisonment.

An arrest warrant is a formal document in which a magistrate empowers any police officer to arrest a suspect, wherever they are in England/Wales, to be taken to a magistrates' court.

But police have powers to arrest nationally without a warrant. A UK arrest warrant is needed to get a European arrest warrant to enable extradition to the UK.

The issue of an arrest warrant makes a case active under the Contempt of Court Act 1981.

The unlawful killing of another human being with the intention of killing or causing grievous bodily harm. An adult convicted of murder must be sentenced to life. Indictable-only.

Killing by an unlawful act likely to cause bodily harm but without the intention to cause GBH. An unintended consequence of an intended action. Indictable-only.

Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it. Either-way.

Theft by force or threat of force. Indictable-only.

Entering a building as a trespasser and attempting to steal or stealing from within, inflicting GBH on anyone within it. Either-way.

Burglary while armed with a firearm, imitation firearm, weapon, or explosive. 

Dishonestly making a false representation e.g. using someone else's bank card

Dishonestly failing to disclose information under a legal duty to disclose (not disclosing conditions on health insurance)

Dishonestly abusing a position (swindling money)

Obtaining services dishonestly.

What it says. No intention to permanently deprive the owner of it otherwise it would be theft. Summary.

Making an unwarranted demand with menaces with a view to gain e.g. threatening to disclose embarrassing photos or other type of extortion.

Dishonestly receiving goods knowing or believing them to be stolen. Either-way.

Knowingly giving false evidence in court after taking an oath as a witness. Indictable-only.

Concealing evidence or giving false information to the police. Indictable-only.

Knowingly making a false report that a crime has been committed.

When alcohol in the driver's body exceeds 80mg of alcohol in 100ml of blood or 35 microgrammes of alcohol in 100ml of breath. Summary.

The act has a general rule that a defendant must be granted bail unless:

• they are satisfied there are substantial grounds for believing 

- they will abscond

- commit another offence

- obstruct the course of justice

- cause mental or physical injury to an associated person

- they should be kept in prison for their own protection

- they're alleged to have committed an indictable-only offence when on bail in a previous case

- there is insufficient information to decide on bail

A court must give reasons for refusing bail.

In some cases a court will insist a defendant has a surety before bail is granted. A surely is a relative pr friend who guarantees someone will surrender to bail, and agrees to forfeit a sum of money if they abscond. If they do abscond, a surety who fails to pay the sum can be jailed.

- The prosecutor makes an opening speech describing the alleged crime

- Prosecution witnesses are called first. Each is asked questions to ilicit their evidence. The defence can cross-examine them.

- Lawyers are not allowed to put leading questions to them.

- The defence may then submit there is no case to answer e.g. if the standard of proof is not met.

- If the magistrates agree, they can dismiss the charge.

- Defence witnesses are called.

- They are questioned to ilicit their evidence. They can be cross examined by the prosecutor.

- When the court has heard all witnesses, the defence may address the court in a closing speech.

- If the magistrates feel a charge is not proved, they acquit the defendant.

- If they find them guilty, they are committed of it and they can sentence the defendant or adjourn to a later date

Crimes which the defendant admits though they have not been charged with them. The defendant brings these to the court's attention to remove the possibility of being prosecuted for them in the future.

Magistrates can jail a defendant for up to six months for a single offence or up to 12 months for more than one offence. Otherwise they are committed to a crown court.

A community order is when the court orders a defendant to obey one or more requirements, at least one of which should be punitive e.g. unpaid work, a curfew, a fine; and one or more non-punitive elements e.g. drug or alcohol treatment.

When the court has not immediately imposed or specified punishment, but states that if they offend within a period they are liable to be punished for the first offence as well as the subsequent conviction.

When the court feels no punishment other than conviction is necessary.

If no other factors apply, like a life or extended sentence, defendants can expect to be released on licence halfway through the term imposed by the court, which means after release they will be monitored by a probation officer and may be returned to prison to serve the remainder of the jail term

Defendants can appeal to a Crown court judge against refusal by magistrates to grant bail.

Defendants can appeal to the Crown court against conviction by magistrates, including in youth courts. In the appeal there is no jury - a judge will sit, normally with two magistrates. The Crown court also hears appeals against the severity of sentences imposed by magistrates and may confirm a sentence, substitute for a lesser penalty, or increase it, but not to more than the highest sentence magistrates could have imposed.

A judge initially asks a jury to reach a unanimous verdict on each charge. But if the jury has deliberated the case for at least 2 hours and 10 minutes and has failed to reach a verdict, the judge can recall it to the courtroom to direct that a majority verdict is acceptable for each charge. 

For a full jury of 12, majorities of 11-1 or 10-2 are acceptable. If a jury is reduced in number for any reason, a majority of 10-1 or 9-1 is acceptable. If the jury is reduced to fewer than nine, the trial must be abandoned and the defendant will probably face a fresh trial on the same charges with a new jury.

If a defendant is convicted by a majority, the media should report that as it indicates one or more jurors disagreed. If the verdict is an acquital, the court asks no questions of the jury about the ratio.

A jury which cannot reach a verdict by a sufficient majority (or if reduced to nine, unanimously) is known as a hung jury. The prosecution then has to decide if it wants to seek a re-trial.

- High Court judges - sit in the most serious cases and are referred to as, for example, Mr Justice Smith

- Circuit judges (the normal ones) - e.g. Judge Andrew Jeffries

- Recorders - part-tine judges - are barristers or solicitors who have held rights of audience at Crown court. 

District judges are appointed from among practicing solicitors and barristers. Their casework includes many fast-track and small claims cases, family law disputes, and insolvency. 

The defence or prosecution may contest a ruling on law by a magistrates court by appealing to the High Court. In other types of challenge the defence can ask the High Court for a judicial review.

The High Court King's Bench Division deals with both criminal and civil matters. A defendant convicted by magistrates, or who has appealed unsuccessfully to the magistrates, may appeal to the King's Bench Division on the grounds that a decision was wrong in law.

The prosecution can also use this procedure to challenge an acquital by magistrates.

The High Court has wide powers to reverse, affirm, or ammend magistrates' decisions, including those of youth courts. It can order the case to be re-tried summarily.

In 2009 the Supreme Court replaced the appellate committee of the House of Lords as the highest court in criminal and civil law. Its judges are referred to as Justices of the Supreme Court.

It only hears appeals of high significance, usually no more than 40-50 each year. Appeals are heard by several justices, a majority decision being binding.