The Criminal Process
ObjectivesBy the end of this lesson students should be able to:Explain what is meant by an adversarial system
 Explain how offences are classified
Describe the criminal court systemStarterWhat do you know about these courts:
DiscussWhat is meant by the following statement?The English Criminal Justice system can be described as adversarial.
DiscussDoes this affect the outcome of the case?Consider Sally Clarke & the Cardiff 3
How are offences classified?Summary – e.g. Driving offences, assault. Always tried in the Magistrates CourtIndictable 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?
Criminal Court System
How are offences classified?Answer the following questions:Summarise the main thrust of the Criminal Procedure Rules 2005What will the magistrates take into account when deciding which court will deal with the case?Explain when a defendant can insist on trial by juryDiscuss why a defendant might wish to elect for trial by jury

The criminal process

  • 1.
  • 2.
    ObjectivesBy the endof this lesson students should be able to:Explain what is meant by an adversarial system
  • 3.
    Explain howoffences are classified
  • 4.
    Describe the criminalcourt systemStarterWhat do you know about these courts:
  • 5.
    DiscussWhat is meantby the following statement?The English Criminal Justice system can be described as adversarial.
  • 6.
    DiscussDoes this affectthe outcome of the case?Consider Sally Clarke & the Cardiff 3
  • 7.
    How are offencesclassified?Summary – e.g. Driving offences, assault. Always tried in the Magistrates CourtIndictable 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?
  • 8.
  • 9.
    How are offencesclassified?Answer the following questions:Summarise the main thrust of the Criminal Procedure Rules 2005What will the magistrates take into account when deciding which court will deal with the case?Explain when a defendant can insist on trial by juryDiscuss why a defendant might wish to elect for trial by jury
  • 10.
    ActivityIn groups locatea 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

  • #5 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
  • #6 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
  • #7 Drugs, theft
  • #9 Drugs, theft
  • #10 Drugs, theft