24. Youth Justice—Introduction

This chapter discusses the following issues: the terminology of youth justice; the youth justice organisations; the meaning of parental responsibility; the principal aims of the youth justice system; the early diversion procedures to prevent further offending; the juvenile at the police station; the alternatives to prosecution; and the decision to charge.

19. Character Evidence and the Accused as a Witness at Trial

This chapter examines the evidential rules that apply to the defendant at trial. These include the defendant’s competence and compellability; the course of the defendant’s evidence; drawing an adverse inference under s. 35 Criminal Justice and Public Order Act 1994 from the defendant’s silence at trial; the admissibility of a defendant’s past bad character; admissibility of defendant’s good character; and arguments for and against the defendant giving evidence.

23. Appeals

This chapter explains the practice and procedure involved in appealing against a decision of the magistrates’ court or the Crown Court. The discussions include the reopening of a case; appeal to the Crown Court; appeal by way of case stated; judicial review; appeal against sentence from the Crown Court; appeal to the Supreme Court; the Criminal Cases Review Commission; and whether the prosecution enjoys a right to appeal.

21. Sentencing Procedure and the General Principles of Sentencing

This chapter explains the procedure on passing sentence and the general principles that govern a court’s decision when passing sentence. It discusses the role of the Crow Prosecution Service (CPS) on sentence; the procedure on sentencing; hierarchy of sentences; sentencing aims; the basis of sentencing under the Criminal Justice Act 2003; Sentencing Council for England and Wales; sentencing guidelines in the Crown Court; how the defence solicitor assesses the seriousness of an offence; Magistrates’ Court Sentencing Guidelines (MCSGs); the importance of the pre—sentence report, personal offender mitigation; discount for timely guilty pleas; the Crown Court’s sentencing powers; victim impact statements; and taking other offences into consideration.

18. Hearsay Evidence

Hearsay evidence in criminal cases most often arises in two situations: if a witness testifies about facts of which he has no personal knowledge because the facts were communicated to the witness by another person who is not in court; and where a witness’ written statement is put before the court because the witness is unable to attend court to give oral evidence. This chapter discusses the general rule of hearsay evidence; identifying hearsay evidence; statutory exceptions to the hearsay rule; hearsay evidence under the Criminal Justice Act (CJA) 2003; hearsay admissible under the preserved common law rules; procedure for admitting hearsay evidence; and hearsay evidence and the European Convention on Human Rights (ECHR) 1950.

15. The Burden of Proof

This chapter explains the rules governing the legal and evidential burdens of proof that decide which party has the responsibility of proving a fact in issue to the court. It then discusses the degree of persuasiveness the evidence must attain to satisfy the appropriate standard of proof including the test for a successful submission of no case to answer and considers the human rights issues in those exceptional situations where the accused has the legal burden of proof. For both the prosecution and the defence, the rules that allocate the burden of proof and the degree of proof are fundamental to the outcome of a case at trial.

13. Crown Court Proceedings Pre-Trial

This chapter deals with pre-trial practices and procedures of indictable-only offences. It covers sending indictable-only cases to the Crown Court under s. 51 Crime and Disorder Act 1998 (CDA 1998); preparing for the preliminary hearing in the Crown Court; preparing for trial on indictment; pre-trial disclosure issues and defence statements; instructing counsel; and pre-trial hearings including the Plea and Trial Preparation Hearing (PTPH).

11. Prosecuting an Either-Way Offence

Either-way offences include assault occasioning actual bodily harm, theft, and burglary. These offences can be committed with varying degrees of seriousness depending on the aggravating or mitigating features in the particular case. The more aggravating features, the more serious the offence will be regarded. This chapter examines the procedure for deciding where an either-way offence should be tried which includes the plea before venue and allocation procedure; the relative merits of summary trial and trial on indictment; and for those either-way offences that are to be tried in the Crown Court, the next stage of the proceedings.

10. The Law and Practice Relating to Court Bail

This chapter explains the practice and procedure of court bail. It examines the grounds upon which bail might be refused; the factors a court can have regard to when deciding whether bail should be granted; the procedure at a contested bail application; appeals against bail decisions; and bail and Article 5 of the European Convention on Human Rights 1950 (ECHR 1950).

8. The Decision to Prosecute and the Prosecution’s Duties of Disclosure of Evidence

This chapter first explains the role of the Crown Prosecution Service (CPS) and the factors that are taken into account when deciding to charge a suspect or to divert him from prosecution. It then examines the important obligations which are placed upon the CPS both at common law and under statute to serve pre-trial disclosure of evidence upon the defendant and their importance to the right to a fair trial. Defence disclosure obligations are also considered.