COURT HIERARCHY
The criminal court hierarchy in the United Kingdom is structured to ensure that criminal cases are heard by courts with the appropriate level of jurisdiction and expertise. The system is divided into three main tiers: the Magistrates’ Courts, the Crown Court, and the Court of Appeal, each serving distinct roles in the judicial process.
1. Magistrates’ Courts
Magistrates’ Courts are the lowest tier in the criminal justice system and handle the majority of criminal cases. These courts have jurisdiction over less serious offenses, such as minor theft, traffic violations, and public order offenses. Magistrates, who are either laypersons (unpaid volunteers) or district judges (professionally trained), hear cases in these courts.
Magistrates’ Courts also handle the early stages of more serious cases, such as conducting preliminary hearings for indictable offenses (e.g., murder or serious fraud). The court determines whether there is sufficient evidence to send the case to the Crown Court for trial. All cases begin in the Magistrates Court.
2. Crown Court
The Crown Court deals with more serious criminal offenses, such as robbery, rape, and murder, as well as appeals from Magistrates’ Courts. It is presided over by a judge and usually includes a jury to determine guilt or innocence in cases that require a trial.
Defendants who face serious charges are often committed to the Crown Court from the Magistrates’ Court for trial, sentencing, or a plea. The Crown Court is divided into different circuits and may also handle cases from specialised areas, such as drug trafficking or terrorism. In addition to trials, the Crown Court hears appeals from Magistrates’ Courts and passes sentences for cases heard in the Magistrates’ Courts when the defendant elects to be tried there or is found guilty of less serious charges.
3. Court of Appeal
The Court of Appeal is the highest appellate court for criminal cases in the United Kingdom. It is divided into two divisions: the Criminal Division, which hears appeals against conviction or sentence from the Crown Court, and the Civil Division, which deals with civil matters.
The Criminal Division hears appeals where defendants seek to challenge their conviction or sentence, and it has the power to quash a conviction, reduce a sentence, or order a retrial. Similarly, the Attorney General can refer cases to the Court of Appeal for review, particularly when a sentence is considered unduly lenient.
Specialised Courts and Tribunals
In addition to the primary court hierarchy, the UK also has specialised courts that deal with specific types of criminal matters. These include:
- The Youth Court, which handles cases involving offenders aged 10-17.
- The Terrorism Act Court that handles cases related to terrorism offenses.
- The Court Martial, for military offenses
Each level of the criminal court system is designed to handle specific types of cases, with appeals escalating to higher courts for greater expertise and broader jurisdiction.
PACE PROCEDURE
Under the Police and Criminal Evidence Act (PACE) 1984, when a person is arrested in the UK, there are certain procedures and rights that must be followed to ensure fairness. Here’s a simple breakdown of what happens:
1. Reason for Arrest
The police must have a valid reason for arresting someone. This usually means they believe the person has committed a crime or has enough evidence to suggest this. The officer must tell the person why they are being arrested and what they are being arrested for.
2. Being Taken into Custody
Once arrested, the person is taken to a police station. They must be informed of their rights, including the right to remain silent and the right to legal advice (a solicitor).
3. Detention and Investigation
At the police station, the person can be held for a limited time while the police carry out investigations. They can be held for up to 24 hours without being charged. If they are suspected of a serious crime (like terrorism), this detention period can be extended up to 14 days, but only with special permission.
4. Rights of the Arrested Person
While in custody, the person has several important rights:
- Right to Legal Advice: They have the right to consult a solicitor for free, and the police must allow them to do so.
- Right to Information: They must be told why they are being held, and they have the right to remain silent. However, remaining silent might lead the police to assume that the person is guilty.
- Right to Medical Care: If they need medical attention, they must be provided with it.
- Right to a Copy of the Custody Record: They must be given a record of the reason for their detention.
5. Charge or Release
After the investigation, one of three things will happen:
- Charge: If there is enough evidence, the person will be formally charged with a crime and may have to appear in court.
- Release on Bail: If there isn’t enough evidence to charge them, they may be released, but sometimes with conditions, like returning to the police station at a later date.
- No Further Action: If there is no evidence to support the arrest, the person can be released without being charged.
6. Rights After Arrest
If the person is charged, they will go to court, where they can defend themselves. If the police decide not to charge them, they must be released as soon as possible.
In short, the Police and Criminal Evidence Act ensures that when a person is arrested, they are treated fairly and have certain rights, while also allowing the police to investigate crimes efficiently.
NO CHANGE IN FEES – refer to OG website
VOL PROCESS
Under the Police and Criminal Evidence Act (PACE) 1984, a voluntary interview is when the police invite a person to come to the police station to answer questions, but they are not being arrested. The person has the choice to either agree to attend the interview or refuse. Here’s a simple explanation of how the process works:
1. Invitation to Attend
The police may invite someone to come to the police station for a voluntary interview if they believe the person has information about a crime, or if they want to ask questions regarding an investigation. Importantly, the person is not arrested and can choose whether or not to attend.
2. Rights Before the Interview
Before the interview takes place, the person must be informed of their rights:
- Right to Legal Advice: The person can speak to a solicitor (lawyer) before the interview, and this advice is free.
- Right to Remain Silent: They have the right to remain silent during the interview, though refusing to answer questions may be taken into consideration later.
- Right to Be Informed of the Reason: The person should be told why they are being interviewed.
3. Conducting the Interview
- Recording: The interview is usually recorded (audio or video) to ensure that everything is done fairly and accurately. This recording can be used in court if necessary.
- Questioning: During the interview, the police will ask the person questions about the crime or investigation. The person can answer, remain silent, or provide a statement.
4. Right to Have Someone Present
The person being interviewed has the right to have a friend or relative present, though this is not always necessary. They also have the right to legal representation, meaning they can have a solicitor present during the interview if they choose.
5. End of the Interview
After the interview, the police will decide what to do next. They can:
- Close the Case: If there is no evidence, the person may be released, and no further action will be taken.
- Take Further Action: If the police believe the person has committed a crime or has important information, they may decide to arrest them later or take other legal steps.
- Charge the Person: If there is enough evidence, the person might be charged with a crime.
Key Points:
- The interview is voluntary, meaning the person is not forced to attend or answer questions.
- The person has the right to legal advice and to remain silent.
- The interview is usually recorded to ensure fairness.
In simple terms, the voluntary interview process under PACE allows the police to gather information from a person in a fair way, while also protecting the person’s rights.
Structure – refer to LDJ website
LA Requirements
To obtain Legal Aid in criminal cases in the UK, there are specific requirements that must be met. These requirements are primarily based on two factors: financial eligibility and the merits of the case. Here’s a breakdown of what is needed to qualify:
1. Financial Eligibility (Means Test)
The means test looks at the person’s financial situation to determine whether they qualify for Legal Aid. The test considers their income, savings, and outgoings.
- Income: If a person’s income is below a certain level, they may qualify for Legal Aid. Income includes wages, benefits, pensions, and any other financial support. If their income is too high, they may not be eligible for Legal Aid.
- Savings and Assets: The person’s savings and assets (such as savings in the bank, property, or investments) are also assessed. If the person has savings over a certain threshold, they might not qualify for Legal Aid. However, some savings (such as a home or a pension) may be disregarded.
- Disposable Income: If income exceeds a certain limit, a person may still qualify if they have high living costs (e.g., rent, childcare, etc.) that leave them with a small amount of disposable income.
The exact financial limits can change, so it’s important to check the current thresholds set by the government.
2. Interests of Justice(Case Eligibility)
Even if someone qualifies financially, the case itself must also meet certain requirements. This is known as the interests of justice test.
- Seriousness of the Offense: Legal Aid is more likely to be granted for serious offenses, such as violent crimes, sexual offenses, or cases where a person faces a significant prison sentence. If the charge is considered minor (e.g., a low-level theft), Legal Aid may not be granted.
- Chance of Success: Legal Aid authorities will assess whether the case has a reasonable chance of success. If it is unlikely that the person will win or the case is deemed not worth pursuing, Legal Aid may not be approved.
- Likelihood of Imprisonment: If the person faces the possibility of being sent to prison if convicted, they are more likely to qualify for Legal Aid, as it’s considered essential to have legal representation in serious cases.
3. Type of Case
Legal Aid is available for criminal cases, including:
- Police Station Advice: Anyone arrested or detained by the police has the right to free legal advice at the police station, regardless of their financial situation. This is a fundamental part of Legal Aid.
- Court Representation: If the case goes to court (Magistrates’ Court or Crown Court), Legal Aid may cover the costs of a lawyer to represent the individual. This depends on both financial eligibility and the seriousness of the case.
- Appeals: Legal Aid may also be available for appeals against a conviction or sentence, but the merits and financial tests will still apply.
4. Other Considerations
There are additional factors that can affect eligibility:
- Vulnerable Individuals: People who are vulnerable (for example, minors or those with mental health issues) may have special consideration for Legal Aid, even if they do not meet all the normal criteria.
- Special Circumstances: In certain exceptional cases, Legal Aid might be granted if refusing it would lead to serious injustice, even if the person doesn’t meet all the financial or merits tests.
Summary of the Requirements:
1. Financial Eligibility (Means Test):
- Low income (below a certain threshold).
- Limited savings (below a set amount).
- High living costs can also be taken into account.
2. Interests of Justice Test (Case Eligibility):
- The case must be serious enough to justify the need for Legal Aid.
- There must be a reasonable chance of success in the case.
- The person faces the possibility of significant penalties, such as imprisonment.
3. Type of Case: Legal Aid is available for police station advice, court representation, and certain appeals.
If a person qualifies for Legal Aid, the government will cover the cost of legal representation. If they do not meet the criteria, they will need to pay for their own lawyer or represent themselves.
