(Information/ discussion) Criminal procedure. (a brief introduction.)

[Peterbard]

I notice from the reaction I received when I mentioned the basic procedure for processing criminal actions, that there seems to be confusion as to the procedures and terms involved. It is not really surprising as most of the matters discussed here are of a civil nature. But for those not familiar with the fundamentals, here is my take on it.

 

Firstly all criminal proceedings must start in the magistrate’s court. I have read people saying that you can chose where to start an action on say a private prosecution, you cannot.

 

There are two kinds of offences which can be considered at the MC, these are defined by their seriousness, and the maximum fine or term of commitment that can be imposed on conviction.

These are: A “summary offence” and “indictable offence”

 

A “summary offence” is for less serious criminal offences. The sentencing is limited to a far lower level than in more serious(indicatable) cases which are passed up to the Crown court

 

An “indictable offence” can only be heard at the crown court, this is after the defendant has attended the magistrate’s court. The magistrates will remand or bail them to appear at the Crown Court after consideration of the case in question. These more serious offences such as theft rape or murder are generally heard by a jury.

 

In addition to these there are also “each way” offences; this is where the action could fall into either of the two categories. On application to the magistrate, they will make the decision as to which court is most appropriate for the offence, and assign it to the relevant one.

 

Most legislation which presents the possibility of criminal charges will also state the kind of action which may be taken.

 

For instance in section 68 of the Tribunals Act schedule 12, the action which may be taken for obstructing an EA in the course of his duty, is prescribed as “on summary conviction”.

 

68(1)A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent.

(2)A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse.

(3)A person guilty of an offence under this paragraph is liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks, or

(b)a fine not exceeding level 4 on the standard scale, or

©both.

 

Similarly the theft act of instance will say by indictment and the fraud act may say either way.

[unclebulgaria67]

There is a process, before Magistrates will hear any case. If someone prevents an EA doing their job, then i presume this would be reported to the Police and considered by the CPS first. This may happen quite quickly, as i think there are CPS Solicitors based in Police stations who will make a quick decision based on the evidence compiled by Police.

 

The Police will have questioned those involved and it would be up to a duty Sargeant or higher rank to decide whether to involve CPS, try to give a caution or to not pursue if they are not sure of the evidence.

 

If an EA allegedly assaults a member of the public, it would be up to Police to investigate. If the Police decided to not pursue, it is up to the person assaulted whether they wanted to pursue a private prosecution by laying information at Magistrates or to issue a civil court claim. In either case, it would be extremely unwise to do either without getting full legal advice. Magistrates are unlikely to view a criminal allegation by a member of the public with much merit, but may listen to a Solicitor. I understand there are cost implications if any case goes ahead, as the EA will seek to recover their costs. It is probably easier with a civil court case, to claim for injuries and any consequential costs.

[Peterbard]

Quite often it seems that there are associated offences in addition to the obstruction. Assault being the most common.

 

This again is triable as a summary offence under section 39 of the criminal just ice act, both may be tried together and the sentence may be cumulative.

 

http://www.legislation.gov.uk/ukpga/1988/33/section/40