Sample Assignment on Criminal Practice

Criminal Practice

INTRODUCTION...........................................................................................................................1
Q1.a) Explanation to Nathan about powers of arrest, stop and search of police after receiving
complaining.................................................................................................................................1
b) Entitlement of police to detain Nathan for and procedures police go through for charging
him..............................................................................................................................................2
c) Powers do police have to take a non-intimate search from Nathan........................................2
d) How long Magistrate court remand Nathan in custody for....................................................3
e) Explanation to Nathan the ways his case might be commenced in Magistrates Court...........3
Q2. Advise the cost which is paid by Nathan if he losses and cost that might get back if he
wins.............................................................................................................................................4
Q3.a) Funding of Nathan case from public funds and by private arrangement..........................4
b) Procedure use by court for deciding the case will be tried or not...........................................4
Q4. Advise Nathan on trial procedure that Magistrate will use..................................................5
Q5. Explain about the meaning of indictment to Nathan while Magistrates sending him in
crown court for trail....................................................................................................................5
Q6. A) Obligations of prosecution and defence..........................................................................5
b) What can independent witness can do for securing his attendance........................................6
c) Procedure for calling expert witness.......................................................................................6
d) Format of presenting friend as a defence witness...................................................................6
Q7. A) Role of juror and how jurors are selected.......................................................................6
b) Procedure adopted at Nathan’s Crown Court trial..................................................................7
Q8. A) Advise Nathan on sentencing procedure.........................................................................8
b) Advise Nathan of his right if any, to appeal against his conviction and sentence..................8
c) General rules for right to appeal to the Court of Appeal........................................................8
d) Outlining a Case may be referred to Supreme Court..............................................................8
Q9. Identification of appeal may be made to High Court by case stated....................................8
CONCLUSION................................................................................................................................9
REFERENCES................................................................................................................................9

INTRODUCTION
Criminal practice is a cluster of law which is applied on criminal activities which is
distinct from civil law. However, there are number of terms are used by legal bodies for
explaining the criminal act such as; Actus-reus, Mens-Rea, GBH (Grevious bodily harm) and so
on. Basically, this assignment is based on a GBH crime which is a done by a person named as
Nathan for preventing him from attack 1. Thus, whole assignment is surrounded around the
Nathan case by explaining various procedures of Magistrate Court and Crown court. Along with
this, several steps which is taken by prosecution and defence in the hearing for and against the
Nathan. Main motive of the project is to come up with rights of victim and person who is not by
appealing in several tribunal. Hence, this case is throwing lights of major factors of criminal case
and the procedure through which a person gone through while get involved in legal proceedings.
1 Feeley, M., 2017. Two models of the criminal justice system: An organizational
perspective. In Crime, Law and Society (pp. 119-137). Routledge.
1

Q1.a) Explanation to Nathan about powers of arrest, stop and search of police after receiving
complaining
Police have the authority to arrest after issuing of warrant by Magistrate Court against
any individual. This situation is applied when there is a indictable offence punishable through
imprisonment is totally engaged as well as at that time when a person is arrested have not settled
address. On the other hand, police have the authority to arrest without warrant in few
circumstances only. In fact, main power of arrest by police without having warrant is falls under
section 24 and 116 of PACE in which offences into “arrestable” and “non-arrestbale” is fully
classified (s.24) whereas “serious arrestable” offences (s.116). Under section 24 PACE, Police
are having few major powers for arresting without warrant to any individual such as; who has
committed an offence; who is about do the wrongful act; if an offence was committed and
constable is having a reasonable grounds for suspecting towards specific person that he/she have
committed crime then in this situation constable have the authority to arrest without warrant.
Police and Criminal Evidence Act, 1984 plays a very crucial role in deciding the power of police
during arrest or various other regulations for police which they need to follow while performing
duty 2. For instance; every person arrested have allowed informing someone else about their
arrest, as well as must have independent legal adviser and authority to consult with codes of
practice.
On the other hand, it has been understood that after getting into custody of police they have to
fulfils his/her duty by identifying the correct facts or figures. Along with this requisite to acquire
concealed evidence after receiving complaint at police station against a person. However, search
can only done in that case when there is a reasonable grounds to believe that an individual who is
in custody might not be culprit.
b) Entitlement of police to detain Nathan for and procedures police go through for charging him
According to legal bodies, an individual cannot be detained for more than 24 hours but if
there is a case of indictable offence than a person needs to detained up to 36 hours. Thus, this
rule provides an authority to superintendent rank to detain the Nathan for almost 36 hours. But, if
a police member wanted to keep the person for more than 36 hours in custody then he/she
requires acquiring from approval from Magistrates through application on oath for a “warrant for
2 Neubauer, D.W. and Fradella, H.F., 2018. America's courts and the criminal justice
system. Cengage Learning.
2

further detention”. After that, custody of a person gets maximized up to 96 hours from the initial
time at which an individual came at police station 3.
On the other hand, before charging process police superintendent needs to go through an
appropriate procedure. By following the provisions of Criminal Justice and Public Order Act.
1994 as well as resultant Codes of Practice under PACE there is changes in accused rights.
Initially, this was seen as golden thread that followed through criminal justice system in which
accused person doesn’t have the right to prove his innocence whereas only prosecution have the
authority to prove him/her guilt. Therefore, in that case accused have not any right to say
anything at the time of questioning. But now in the new provision accused person have remain
silent while questioning of police but allowed to say anything in court for his/her favour and that
is taken as evidence.
c) Powers do police have to take a non-intimate search from Nathan
Police are having all the powers of conducting non-intimate search after acquiring Nathan
in custody because it’s a right of police members to do certain activities. Therefore, some of the
major rights of police Under PACE for taking non-intimate search is discussed as follows-
 In order to accomplish his duty for identifying everything which person is with him when
arrested and brought to police station
 For identifying concealed evidence.
 Strip search authorized by an inspector in few situations in order to check an determining
mark as well as to frame a person identity.
Under section 8 of PACE search warrant will be issue by Magistrate in only few circumstances
such as there might be reasonable grounds for believing-
 Indictable offence must be committed,
 Admissible at trial,
d) How long Magistrate court remand Nathan in custody for
Magistrate have the power to remand a defendant is totally linked with grant of bail. A
remand incurred when a court adjourns a case in tribunal and either bails the Nathan for a period
of adjournment as well as commits him to custody before the adjournment date in a Court.
3 Reiman, J. and Leighton, P., 2015. Rich Get Richer and the Poor Get Prison, The
(Subscription): Ideology, Class, and Criminal Justice. Routledge.
3

However, Magistrate court granted a bail in many stages of legal proceedings such as; where a
person is committed for trial in a crown court in that case Magistrate either kept the defendant on
remand or might be grant bail 4.
e) Explanation to Nathan the ways his case might be commenced in Magistrates Court
All the criminal cases are begins in magistrate’s court for identifying whether the person
is culprit or not. However, there are three main ways of commencing proceedings in Magistrate
Court which is discussed as follows-
 Victim might be arrested and charged by police constable.
 Prosecution can issue a written charge simultaneously with a requisition for defendant to
attend in a court,
 After that, prosecution can seek a summons which is issued by tribunal as it is
indispensable for defendant while attending a court on a specified data and time.
Where there is much more evidence is available for providing a realistic prospect of
conviction the victim will be brought before officer and charged with the mistake. Than
necessary details will be mentioned such as; details of mistake will be written on charge sheet.
However, defendant will either brought in police custody before the court or bailed for attending
a tribunal at a given time and date 5.
On contrary to this, new procedures are set by Criminal Justice Act, 2003 for
commencing proceedings. However, new process is only applied in magistrate’s courts in subject
by statutory instrument under CJA, 2003.
Q2. Advise the cost which is paid by Nathan if he losses and cost that might get back if he wins
In Magistrate Court if a person is having an income of £12,475 or minimum than this are
having certain benefits such as; they will acquire a legitimate support in order to pass the
interests of justice test. Along with this; income support, job seekers allowance, warranted state
pension credit and so on. On the other, in Magistrate court if a person is more that income more
that £12,475 but minimum than £22,325, then legal support will only offered if the defendant’s
disposable income is around £3,398 in a year or less, provided justice test of interest will also
passed. But if a person is having their income £22,325 or more than this it means they will not
eligible for acquiring legal support. In crown court, if you get succeeded in acquiring legal aid in
4 Seetahal, D.S., 2014. Commonwealth Caribbean criminal practice and procedure. Routledge
5 Banks, C., 2012. Criminal justice ethics: Theory and practice. Sage Publications
4

Magistrate tribunal that means your disposable income is £3,398 in a year or less than this or you
are enjoying certain benefits then you will definitely acquire a legal aid.
Therefore, in Criminal damage, value which is offered for damage is not more that
£5,000 and fine which is charge is also same.
Q3.a) Funding of Nathan case from public funds and by private arrangement
Public funding in criminal matters is known as Legal aid or Legal Aid Authority.
However, not all the lawyers get succeeded in acquiring public funded but since 2001 if a
solicitor wanted to gain Criminal defence work funded from LAA needs to hold a general
criminal agreement with LAA. It is essential to know that whole system of Legal Aid norms is
currently under review and might get changed radically in coming time period. Therefore, in
given case study Nathan is unemployed person who is not having that much funds for his legal
proceedings 6. Thus, as per the norms related with legal aid for criminal prosecution Nathan must
offer public funding by passing its justice test in Magistrate court which is seen as legal support
for him.
On the other hand, private arrangements are all about government equality which is
offered by prosecution to the victim. Basically, private financial of governing bodies design a
unique set of questions about what kind of role equality will played in the decision of
prosecution.
b) Procedure use by court for deciding the case will be tried or not
According to legitimate bodies, after charging with an offence at Nathan, initial phase of
hearing is known as PLEA BEFORE VENUE whereby Nathan will ask to enter into plea. If he
pleads mortified, Magistrate court will hear all the related facts and identify whether they have
satisfied sentencing authority. If they are doing so then they automatically proceed to sentence or
adjourn for pre-sentence assignment. If the Magistrate Court feels that the entire matter is
beyond their power that they will commit the defendant to Crown Court for further sentencing 7.
6 Wolff, N and et. Al., 2013. Practice informs the next generation of behavioral health and
criminal justice interventions. International Journal of Law and Psychiatry, 36(1), pp.1-
10.
7 Andrews, D.A. and Bonta, J., 2014. The psychology of criminal conduct. Routledge.
5

Q4. Advise Nathan on trial procedure that Magistrate will use
After the plea before venue, Magistrate could go on to consider pre-trial review make
sure that all trial are ready such as; witness must available, disclosure needs to be completed and
so on. Additionally, pre-trial hearing will be accomplished before bail where Nathan is in
remanded in custody. In this case prosecution have a duty to disclose all the necessary papers
related to the subject. Magistrate will ask the entire question related with the topic before sending
to you in crown court. Thus, in this situation you need to answer all the necessary questions
which is used as evidence in decisional process.
Q5. Explain about the meaning of indictment to Nathan while Magistrates sending him in crown
court for trail
Indictment is a term which means the charge or accusation of serious crime which proves
that you are culprit for the mistake and liable for compensating it either by imprisonment, fine,
penalty or any legal punishment. This word used by Magistrate court or judiciary member when
a person found guilty for a specific offence so be aware from this word and don’t accept your
mistake if you haven’t done anything.
Q6. A) Obligations of prosecution and defence
Criminal investigation gone through various disclosures of unused materials through
defence and prosecution but into various stages which is discussed as follows-
 Stage 1:- Initially disclosure was done by prosecution- Liable for Disclosing of various
unused materials which helps in representing the few facts of case.
 Stage 2- Time for defence disclosure- Now this time, statement is given by defence
party for countering the prosecution materials which is indispensable in Crown Court
cases as well as in Magistrate tribunal also. Along with this, responsible for provide
detailed witness.
 Stage 3- Continuing the duty by prosecution disclosure- This obligation of
prosecution arises after the receipt of defence statement for further answering the case.
On the other hand, disclosing test will be conducted before presenting it in front of the
court. In this test, material will go through an appropriate process in which it has been identified
6

that “material which is presented is related to the case or not as well as whether it is capable of
undermining the entire case” 8.
Basically, it has been understood that prosecution and defence both are liable for
presenting necessary facts or figures for resolving the case by protecting their client.
b) What can independent witness can do for securing his attendance
He can defend himself by clearing his name from documents but he wants to secure his
attendance then he must needs to act as witness in the eye of law by giving a witness test. Along
with this, if a person wants to give his statement then automatically his attendance was marked in
documents of defendant.
c) Procedure for calling expert witness
Judiciary member consider the witness specialist who may expertise in specific related
subject in order to give a report for ensuring that person is really suffering from problem. For
example; Nathan has the authority to call a doctor for identifying whether Mr Chadar claim is
real or not. Mainly, expert witnesses are authorized by civil court for making the report. Apart
from this, for being a legal expertise witness an individual must have knowledge, skills,
experience, training or education under Federal Rule of Evidence 702. This will help Nathan in
understanding the fact behind claim of Mr. Chadar.
d) Format of presenting friend as a defence witness
According to the rule, jurors cannot make judgment using negative data as prosecutors
raised questioning while cross examining character witnesses. Therefore, before calling friend as
a witness, Nathan needs to get aware about counter attack questioning of prosecution. Along
with this, it is essential for Nathan to make prior plan before calling his friend for witness 9.
Q7. A) Role of juror and how jurors are selected
Jury members plays a very crucial role in criminal cases in which almost 12 members of
public are available and sit on the side of judge. From which one of the jurors is selected as a
8 Kim, K., 2015. The processing and treatment of mentally ill persons in the criminal
justice system: A scan of practice and background analysis.
9 Yin-zhu, C., 2011. The Vicious Circle and Favorable Interaction Between Criminal
Theory and Practice—The Reflection on Criminal Theory in Our Country [J]. Nanjing
University Law Review, 2, p.020.
7

foreman of Judiciary before beginning of the case. Basically, he/she acts a informal chairperson
and spokesperson on the behalf of jury members. However, almost 12 members are selected
from various people who are called for accomplishing their jury service on that day. According
to section 23 of Courts and Civil law (Miscellaneous Provisions) Act 2013 enacted Juries Act,
1976 in order to covering almost 15 members if the case is expected to last maximum than 2
months. On the other hand, selection of Judges gone through an appropriate process of “Voir
dire” that means “to speak the truth” 10. In this process, various judges and attorneys of both the
sides ask potential members related with subject in order to determine whether they are
competent or suitable for particular case or not.
On the other hand, some of the major roles of jurors are described follows-
 Make decision about facts of case only.
 Take directions associated with law from trial judge.
 Being impartial and independent.
 Being an uninfluenced person.
 If any individual related with case speck to the juror about the case then in this situation
he/she is responsible for informing to the court about this action.
b) Procedure adopted at Nathan’s Crown Court trial
Crown court consists of various judge and jury members in which clerk are available in
front of the judge. However, in this court bail will be granted under supreme court act 1981
sec.81 (1) in various situations. In this tribunal, when a person is presented before judge and Jury
then Court must have related information of offences charged and alleged offender. Basically,
this thing is done by the use of document which is known as a “Bill of indictment” which is
mainly drawn by counsel as well as signed by the officer of Crown tribunal where defendant
have tried 11.
Basically, trial goes through various stages;
10 Roberts, J., 2011. Why misdemeanors matter: Defining effective advocacy in the lower
criminal courts. UCDL Rev., 45, p.277.
11 Eagly, I.V., 2013. Criminal justice for noncitizens: an analysis of variation in local
enforcement. NYUL Rev., 88, p.1126.
8

 The Arraignment in which trial initiated by clerk calling by name of accused, reading
over the indictment and questioning with him whether he is accept the guilt or not.
 On being asked to plead, person who is accused do various things; objection of legitimate
grounds in trial proceedings, plead for not being a guilty.
 It’s time for Jury composition.
Thus, furthermore process will go through various stages.
Q8. A) Advise Nathan on sentencing procedure
In sentencing procedure, Court must have all the related materials from which a sentence
can be properly analysed. Prosecution will gave all the relevant evidence of defendant’s last
convictions. This will covers under Rehabilitation of offenders Act, 1974. He has the ability to
defend himself by giving a sentence for protecting himself. There are various possible sentences
that is imposed by the courts are-
 Life imprisonment.
 A set term of imprisonment.
 Hospital order
 Community service order
 Fine
 Conditional discharge
b) Advise Nathan of his right if any, to appeal against his conviction and sentence
Nathan have the authority to appeal in various other courts for defending himself.
 Crown courts which hear appeals from Magistrate tribunal on conviction.
 Administrative court of queen bench division which hears appeals from the point of law
 Supreme court which hears the issues related with public importance.
c) General rules for right to appeal to the Court of Appeal
Nathan have the right to appeal in distinct court for acquiring justice in order to defend
himself from the claim of Mr. Chadar. Individual have the right to appeal for self-satisfaction as
well as to clear all the hidden facts or figures.
d) Outlining a Case may be referred to Supreme Court
 Court of appeal certifies that decision of general public importance must involve.
9

 If court of appeal or supreme court give leaves to request on the grounds which must be
considered by tribunal.
Q9. Identification of appeal may be made to High Court by case stated
A notice of appeal needs to file in form within 1 month after the judgment or order was
passed. In fact while filing the notice, appellant must provide security for respondent’s cost of
appeal. Basically, security might be offered by depositing the sum in Registry or with
Accountant general.
CONCLUSION
From the above report, it has been summarized that criminal laws plays a very crucial
role in defending innocent people and designed legitimate laws for punishing the culprit. Main
objective of this project is to highlight the process of conducting legal proceedings in various
tribunals. For example; Crown court, Magistrate court and supreme court is discussed in this
above project. Hence, it has been understood that an individual must gone through proper
procedure for defending himself from wrongful conducts.
REFERENCES
Books and Journals
Feeley, M., 2017. Two models of the criminal justice system: An organizational perspective.
In Crime, Law and Society (pp. 119-137). Routledge.
Neubauer, D.W. and Fradella, H.F., 2018. America's courts and the criminal justice system.
Cengage Learning.
Reiman, J. and Leighton, P., 2015. Rich Get Richer and the Poor Get Prison, The (Subscription):
Ideology, Class, and Criminal Justice. Routledge.
Seetahal, D.S., 2014. Commonwealth Caribbean criminal practice and procedure. Routledge.
Banks, C., 2012. Criminal justice ethics: Theory and practice. Sage Publications.
Wolff, N and et. Al., 2013. Practice informs the next generation of behavioral health and
criminal justice interventions. International Journal of Law and Psychiatry, 36(1), pp.1-
10.
Andrews, D.A. and Bonta, J., 2014. The psychology of criminal conduct. Routledge.
Wormith, J.S., 2011. The legacy of DA Andrews in the field of criminal justice: How theory and
research can change policy and practice. International Journal of Forensic Mental
Health, 10(2), pp.78-82.
Kim, K., 2015. The processing and treatment of mentally ill persons in the criminal justice
system: A scan of practice and background analysis.
10

Yin-zhu, C., 2011. The Vicious Circle and Favorable Interaction Between Criminal Theory and
Practice—The Reflection on Criminal Theory in Our Country [J]. Nanjing University
Law Review, 2, p.020.
Roberts, J., 2011. Why misdemeanors matter: Defining effective advocacy in the lower criminal
courts. UCDL Rev., 45, p.277.
Eagly, I.V., 2013. Criminal justice for noncitizens: an analysis of variation in local
enforcement. NYUL Rev., 88, p.1126.
11

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