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Criminal Law

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Added on  2023-04-19

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This document provides an overview of criminal law and discusses the procedures involved in prosecuting and convicting individuals accused of crimes. It also explores alternative dispute resolution methods for resolving conflicts. References to relevant legal texts are included.

Criminal Law

   Added on 2023-04-19

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Running head: CRIMINAL LAW
Criminal Law
Name of the Student
Name of the University
Author Note
Criminal Law_1
1CRIMINAL LAW
Answer 1:
a) Firstly, the offence of attempting to murder his girlfriend will be reported to the police
against Dan, which will result in the police starting an investigation regarding the
same. When the police arrives at an opinion that it is likely that Dan has attempted the
alleged murder, the Crown Prosecution Service will extend advice to the police on the
possibility of prosecution. Afterwards the police will submit the case to the Crown,
which will review the same. However, this case is an attempt to murder, which is of a
complex and serious nature. Hence, the charges will imposed upon the alleged person
by the Crown Court. The decision of the court regarding whether to prosecute or to
refrain from prosecuting will depend upon two factors, the first one being the
presence of adequate evidence and the second being the public interest that might
demands such a prosecution. The court will hear the case, where a jury or a magistrate
will decide whether to convict the accused or acquit the same. However, most of the
crimes are handled by the court of Magistrates and the more serious kinds of offences
are passed on to the Crown court1.
b) In this situation, the report of the alleged attempt to murder will be in the first
instances be made to the police. As this situation involves a more serious crime of
attempting a murder, the same needs to be reported to the Crown Court Services by
the police. However, the police needs to investigate the case and collect evidences
regarding the same. The case will be initially heard by the court of Magistrate. As in
this case the crime attempted is of a serious nature, the same will be passed on to a
higher court, which will hear the case and deliver a verdict of either the acquittal or
conviction of the alleged offender. In this situation, as the case has been related to a
serious offence of attempt to murder, the same will be heard and decided by the
1 Ormerod, David C., et al. Smith and Hogan's criminal law. Oxford University Press, USA, 2015.
Criminal Law_2
2CRIMINAL LAW
Crown Court. The court will investigate the matter first, collect evidence and then
decide whether to prosecute or not. The decision of the Crown Court relating to the
hearing or non-hearing of the case will be depending upon two factors. Firstly, the
court will strive to investigate the presence of adequate evidence and the public
interest that is connected to such prosecution2.
c) Once the case has been passed on to the Crown Court for trial, the court will analyse
two instances relating to the case. Firstly, the court will verify whether the accusation
is backed by enough evidence or not. In considering the same, the court will consider
all the evidences that are available about the case and the evidences that have been
submitted by the police. The court will also strive to collect fresh evidences if
available. After ensuring the presence of enough evidence relating to the case, the
court will strive to verify whether the to prosecute or not to prosecute the accused. In
determining the same, the court will examine whether the prosecution will serve the
public interest or not. Once the court has decided to prosecute, the court will strive to
decide whether the accused namely Dan is telling the truth or the witness is telling the
truth. While verifying the same, the court will notice of the witnesses available. The
statement of the girlfriend of Dan on whom the gun has been pointed will be taken as
an evidence. If all the evidences available confirms the conviction of the accused the
court will deliver a sentence effecting the conviction3.
d) Once the case has been submitted by police for the same being a serious one, the court
will consider all the evidences and witnesses relating to the case. The present case
will be passed on to the Crown Court owing to its serious nature. The Crown Court
will initially analyse whether the evidences available are adequate to proceed with the
prosecution or not. After the court has arrived at the opinion that an ample amount of
2 Martin, Jacqueline, and Tony Storey. Unlocking criminal law. Routledge, 2015.
3 Leong, Angela Veng Mei. The disruption of international organised crime: an analysis of legal and non-legal
strategies. Routledge, 2016.
Criminal Law_3

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