5. Discuss What is meant by the following statement? The English Criminal Justice system can be described as adversarial.
6. Discuss Does this affect the outcome of the case? Consider Sally Clarke & the Cardiff 3
7. How are offences classified? Summary – e.g. Driving offences, assault. Always tried in the Magistrates Court Indictable offences – e.g. Murder, manslaughter, rape. Must be tried at the Crown Court (thought they still begin in the magistrates court) Triable-either-way offences – What does this mean?
9. How are offences classified? Answer the following questions: Summarise the main thrust of the Criminal Procedure Rules 2005 What will the magistrates take into account when deciding which court will deal with the case? Explain when a defendant can insist on trial by jury Discuss why a defendant might wish to elect for trial by jury
10. Activity In groups locate a miscarriage of justice. Research the following: What happened? How did they appeal? On what grounds? What was the outcome (if there has been one yet) What is public opinion on this case (look at newspapers online)
Editor's Notes
Adversarial = advocates from each side representing the party’s position and a judge or jury trying to determine the truthInquisitorial = a judge (or group of judges) investigate the case
ExpensiveUnfair burden on the juriesCompetence of non professionalsMedia coverage can influence them Easily persuaded by good counselNo debate or reason for their decisionJuror could have difficulty in assessing damage or complex evidence
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