Criminal Law and Procedures in the UK: Arrest, Trial, and Sentencing

Criminal Law and
Procedure

Table of Contents
Introduction .........................................................................................................................................2
Main Body............................................................................................................................................2
TASK 1............................................................................................................................................2
TASK 2............................................................................................................................................4
Conclusion ...........................................................................................................................................7
References ...........................................................................................................................................8
Introduction
The operation of criminal regulation in United Kingdom interprets about rules which are
complied in tribunals in of various tribunals like magistrate courts, Crown division and Court of
Appeal, High Court where each segment of rules establish in criminal provisions contain
regulations discussing about their process. The major source of reference for such laws are
Parliament and various legislations as followed are applicable. In this suit is instituted by party or
individual who accuses other person of certain wrong by effecting application for inviting accused
to defend itself from the following allegations in court(Ambos,2018). It contains arrest provisions,
formal investigation and inquiry is conducted and trial is initiated in tribunal . The person on whom
allegations are there is called defendant whereas party liable for instituting such case is prosecution
also called as Crown Prosecutor Services. This project confers procedure of arrest for trial of
defendant, structure of criminal tribunal and legal assistance provided by Criminal Defence
Authority. Further conferring certain process complied in accused sentence provision. Moreover it
talks about various theories for punishing offender containing goals of sentence. It elaborates about
the categories of sentence varying with regards to juvenile and adult wrongdoer.
Main Body
TASK 1
Liberty is fundamental aspect of United Kingdom for protecting human rights of individual
whereas provisions related arrest hold great importance in the common legal system. It is an
exceptional provision of criminal law which intervenes with the freedom of individual which is
deemed lawful in nature. The person authorised to make arrest in effect is appointed police officers
in every locality where there jurisdiction lies in general. They are mainly regulated under the
regulation of Police and Criminal Evidence Act of 1984. The legal effect of taking custody of
person detaining it further is govern majorly by legislation of PACE, 1984. This regulatory body
Practice G provides inclusion of addition of regulation and direction enumerated for using powers
essentially by the police force in accordance to criminal law(Chuasanga and Victoria, 2019).
The word arrest has not been mentioned in the regulation of PACE but tribunal has adjudged it as

general concept and question regarding its legal application withhold relies deprivation of liberty to
move and detain further and not on lawfulness of arrest. It is duty of police official before arresting
defendant it should inform such person about their arrest and grounds on which such action has
been taken. In situation where non compliance of legal provision exists then renders arrest to be
unlawful. The Schedule 2 of PACE provides preservation of certain powers to arrest an individual
without presentation of warrant which was enforced before implementing this regulation before
Police and Criminal Evidence Act came into being.
The Magistrate Courts Act of 1980 authorises police officer to arrest an individual with warrant
where such person has been suspect for particular offence. The provision of section 24 and 24A and
Code G of PACE,1984 provides necessity of arrest applying test where general beliefs of person
arresting and benchmark to determine its requirement or occurrence of unlawful custody by
authorities subsist or not.
The attorney of defendant has right to represent seeking persuasion for preventing an investigating
official from detaining its client under document of resemblance by police officer.
After the effect of arrest by investigating officer trial of such person shall be kept in custody in
police station for determining the sufficiency of proof for charging alleged with crimes. The
justification of detention must be uniformly reviewed with regard to person suspected and such
confinement shall belong to police officer only under the rules of PACE. Further, right to custody
where it can inform their relative or friends about their arrest, take legal assistance of attorney,
medical aid to offenders. Whereas Code C of Police and Criminal Evidence Act of 1984 provides
need to detain, treat and inquired suspected individual excluding terrorist act in custody of police
officer.
There are also certain bar and limit specified in provision of section 41 specifying time duration to
detain offender at police station under rules of PACE, process of reviewing , confine at hospital
premises or 24 hours detainment(Cryer, Robinson and Vasiliev,2019).
The defence solicitor has right to obtain disclosure of facts on grounds which client has been
detained or arrested for involving in crime. The custodial time limitation is duration for which
alleged can be detained before conducting trial under Regulation of Prosecution of Offence in 1987
extending time limit provision in certain cases. The defendant shall have right of fair and just
treatment without any inhumane behaviour practised upon it by investigating officer like torturing
physically, mentally etc.
The trial initiated by judicial officer giving equal opportunity to parties by tribunal to present their
pleading further decided by magistrate on the facts,evidence and law applied with regards to it.