Cja 224 court history and purpose paper

The purpose or the function of the courts can be narrowed down to four important things: Courts are to uphold the law; 2.

Cja 224 court history and purpose paper

Origins[ edit ] The Act had its genesis in several reports and consultations: Evidence in Criminal Proceedings: Double Jeopardy and Prosecution Appeals, published on 6 March [8] Other recommendations of the Criminal Courts Review relating to court procedures were implemented in the Courts Act The intention of the Act was to introduce reforms in two main areas: People who accompany constables on a search of premises may now take an active part in the search, as long as they remain accompanied at all times.

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This is particularly useful in cases where computer or financial evidence may need to be sifted at the scene, for which outside expertise is required.

Bail[ edit ] The right of a prisoner to make an application to the High Court is abolished. The right to make a bail application by way of judicial review remains, although only if its more stringent tests applicable are satisfied.

The Crown Court is now effectively the final arbiter of bail in criminal cases. Prosecution appeals against Magistrates' Courts decisions to grant bail are extended to all imprisonable criminal offences. Conditional cautions[ edit ] The police may, as well as issuing the normal cautions which are unconditionalissue conditional cautions.

Conditional cautions must be issued in accordance with a code of practice, issued by the Home Secretary. They will impose conditions upon the offender.

If those conditions are breached the offender may then be prosecuted for the offence. The Criminal Justice and Immigration Act extends the adult conditional caution scheme to young offenders.

Now the prosecution are under a continuous duty to disclose evidence, though the defence statement would impose a revised and stricter depending on the contents and detail of the defence statement test.

The test for disclosure — "evidence which undermines the prosecution case or assists the defence case" — remains, though the prosecutor's own opinion of whether unused evidence meets those criteria is replaced by an objective test. However, the defence still cannot force the prosecutor to disclose such evidence until a defence statement is produced, so this change means little in practice.

Reforms are made to the extent to which the defence must disclose their case in order to trigger both the revised duty to disclose and the right to a "section 8" [15] application to the court to force the prosecution to disclose an item of evidence.

A defence statement must now state each point at which issue is taken with the prosecution and why, any particular defence or points of law such as evidential admissibility or abuse of process upon which he or she would rely.

The defendant must also give a list of defence witnesses, along with their names and addresses. The police may then interview those witnesses, according to a code of practice issued by the Home Secretary. The Explanatory Notes make it clear the police interviewing of potential defence witnesses is one of the intents of the Act.

However, no part of the Act explicitly amends the law on legal privilege, so the contents of any correspondence or expert report would remain confidential to the same extent as before.

Co-defendants must now also disclose their defence statements to each other as well as to the prosecution. The duty to serve defence statements remains compulsory in the Crown Court and voluntary in the Magistrates' Court.

Allocation and sending of offences[ edit ] The mode of trial provisions are amended to allow the court to be made aware of the defendant's previous convictions at the mode of trial stage that is, when the Magistrates' Court decides whether certain offences are to be tried summarily before them or before a judge and jury at the Crown Court.

The right to commit to the Crown Court for sentence when the Magistrates' Court regards its own powers as insufficient is abolished for cases when it has previously accepted jurisdiction.

Cja 224 court history and purpose paper

These provisions amend the previous position when a defendant whose bad prior record means that he is tried summarily and then sent elsewhere for sentence; the same type of court deals with both trial and sentence in ordinary cases. The provisions were introduced under section 41 and section 42 of Part 6 of the act.

The prosecution has historically had the right to appeal decisions in the Magistrates' Courts on grounds of error of law or unreasonableness, and the right under the Criminal Justice Act to appeal an "unduly lenient sentence". A "terminating ruling" is one which stops the case, or in the prosecution's view, so damages the prosecution case that the effect would be the same.CJA Week 2 Learning Team B Assignment Court Comparison Contrast Paper States and federal court system State The state court system is diverse and each state has its own judiciaries.

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