Criminal Law

Crime And Prosecution In England And Wales

Criminal law is a system of laws that define crimes and punish those who commit them, and criminal litigation is the process of prosecuting someone for a crime in a court of law. 

The Police Investigations and Prosecution

In England and Wales, the police and independent bodies investigate crimes. Police prosecutions are criminal cases that are investigated by the police and then prosecuted by the Crown Prosecution Service (CPS). The CPS is an independent body that works with the police to ensure that the right person is prosecuted for the right crime. 

The police powers to investigate, arrest, detain and charge a suspect to an offence is contained in the Police and Criminal Evidence Act 1984, usually referred to as PACE.

For less serious offences, the charging decision is made by the police. This may be authorised by a senior police officer called the Evidential Review Officer (ERO). The police make the charging decision in around two thirds of cases. For more serious offences, the charging decision is made by the CPS. There are two tests the CPS must satisfy before a case is prosecuted. The evidential and public policy tests.

Our accredited police station representatives and duty solicitors are handy 24 hours to attend to you when required at a police station for interview either whilst detained or on voluntary attendance.

Magistrate Courts

All criminal cases start in the magistrates' court and most trials take place there. In magistrates’ courts decisions are made by either a panel of magistrates (volunteer members of the public supported by a legal advisor) or a District Judge (a legal professional).  Less serious offences such as motoring offences or public order offences can usually only be tried in the magistrates’ court. These are called ‘summary only’ offences. The less serious offences, summary and some triable either-way, are handled entirely in magistrates' courts. Cases in the Magistrates courts are normally decided within 6 months form date of charge to trial and sentence.

If a defendant is convicted in a magistrates’ court, they can be sentenced to a maximum of 12 months in prison. More serious offences, triable either-way or indictable only, are passed via the magistrates' court on to the Crown Court, either for sentencing after the defendant has been found guilty or for a trial with a judge and jury.

Our duty solicitors, solicitors and Agents (barristers) regularly attend magistrate's courts throughout London conducting hearings and trials on our client’s behalf. We would ensure thorough preparation of your case. We may take your instructions and advise on the strength of the evidence and the appropriate sentencing guidelines in your matter, the funding, costs, and victim surcharge applicable in your case and any possible compensation. Our solicitors and Agents also conduct trials where defendant’s plead not guilty and contest the allegations against them.

Youth Courts

A youth court is a special type of magistrates’ court for people aged between 10 and 17. A youth court has either three magistrates or a district judge. There is no jury in a youth court. If the defendant is found guilty then the judge, or magistrate, will decide the sentence. Youth courts are less formal than adult courts and members of the public are not allowed into the court unless they get permission, and defendants are called by their first name.

The process is the same as for adults who are prosecuted in the Magistrates' Court however special arrangements apply to ensure that the "best interests" of the child or young defendant are a primary consideration throughout the case.

For serious crimes, like murder or rape, the case starts in the youth court but will be passed to a Crown Court.

Cases in the Youth courts are normally decided within 6 months form date of charge to trial and sentence.

Again, our duty solicitors, solicitors and Agents (barristers) who regularly attend magistrate's courts throughout London conducting hearings and trials on our client’s behalf, would ensure the provide good quality advice and representations on behalf of these young and inexperienced youths to ensure their rights and welfare are looked after.

The Crown Courts

If a case is too serious to be heard in a magistrates’ court, the magistrates will send it to the Crown Court.  The Crown Court is a single entity that sits at various court centres across England and Wales. Cases in the Crown Courts are heard by a judge and a jury. The judge will give directions about how the trial should run. The jury decides whether or not the defendant is guilty. The jury is 12 members of the public randomly selected from the electoral register.  The Crown Court has higher sentencing powers.

Cases in the Crown courts are normally decided within a year form Plea Trial Preparation Hearing (PTPH) date to trial and sentence.

Our specialist criminal defence solicitors and barrister that represent clients at the Crown courts possess wealth of experience in criminal defence work. As a legally aided practice, our lawyers would ensure that a representation order is in place from the Legal Aid Agency to get the best possible representation available. Engage the appropriate experts were required as per your case to assist us defend it in court. We have solicitors and outside barristers who are experts in handling every type of criminal defence work and have had conduct of serious cases.

So, get in touch 24 hours a day and our accredited police station representatives, duty solicitors and barristers (agents) can advise and assist you at a police station, Magistrates court, the Crown Court and the Court of Appeal, in your criminal matter.