Hornsea ink : Forum Regular 25th October 2016 8:00 PM |
You are correct, the Police investigate a reported crime. The evidence collected is then presented to the Crown Prosecution Service, they decide if it is in the public interest and indeed viable that a conviction could be achieved.
What follows often involves significant amount of horse trading. IE a Man is arrested for hitting his neighbour over the head with a hammer after an argument over the height of his hedge. He is then arrested at the scene and "charged" with attempted Murder. He appears before a Magistrate who decides if the offender poses a risk to the public or anyone else for that matter, bail applications are made, often granted if you have loads of money and are not a flight risk. Remand is reserved for the more serious crimes and repeat offenders. Some cases are then sent to the Crown Court, others are reserved for the Magistrates (no jury in Magistrates)
Victim does not die but has a large hole in his head, CPS unable to prove 'mens rea' (the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused). In other words did he intend to kill his victim=NO therefore he cannot be convicted for Attempted Murder as there was no actual intent to kill. (we can't convict people for being stupid)
CPS then offer a charge of Section 18 Wounding (you can get a life sentence for that). An expensive solicitor will argue for a Section 39 common assault (summary offence that can only be dealt with in a magistrates court, maximum sentence 6 months custody -33% discount for a guilty plea = 4 months custody). Time served would only be 2 months custody because everyone gets out at the half way point. So a case like this will try to avoid Crown Court because Real Judges tend to be a little smarter and can be quite grumpy.
When CPS stop laughing the Defence and Prosecution shake hands and agree on a Section 47 ABH (assault Occasioning Actual Bodily Harm) with a gentlemen's agreement that custody will not be sought. This is an either way offence, can be dealt with in Crown or Magistrates (see above). Probation write a Pre-Sentence Report outlining that a 'Basis of Plea' has been discussed where all parties agree the victim was probably a bit rude and was accidentally hit over the head with a lump hammer, but he didn't die and the defendant was a bit sorry.
All of the above occurs "before" we are in open Court. After a few findings of fact meetings we then go public. If you plead guilty you can get in and out without too much fuss and bother.
However, if you commit a sex crime and go not guilty the Trial is very public, the press have a right to be in Court and they will analyse every word, every claim and counter claim. Popular celebrities may get public support and the victim is then condemned before the facts have been aired. If the defendant is a bit weird and has been annoying the wrong people, then the Public will consume media gossip like it has been taken from the bible itself, he or she will then be found guilty before the judge gets to swizzle his gavel.....
Like I said, the system is not perfect, if you are an established player and a professional criminal you can navigate the system to good effect. However, if you are a first time victim of Rape, at the hands of a TV celeb, how confident would you be at reporting that crime? Would you feel that Justice was on your side?
Please note, any similarities in the above account to a known person is purely accidental. I am not allowed to talk about real people. The Data Protection Act 1998 is an Act of Parliament of the United Kingdom of Great Britain and Northern Ireland which defines UK law on the processing of data on identifiable living people.
Oh, forgott to add that I had a bad day at the office...
Hope this helps
Thanks,
Ray Priestley