Jack Jones has committed a criminal offence.

A criminal offence is where you have broken the laws of society.Write down what you think of

when you think ‘criminal law.’

Date: 12th October 2010

Learning Objective:Evaluate the process of criminal law

I know I have been successful if I can:

Explain what criminal law is

Analyse the process of criminal law

Compare with civil law

Criminal and Civil Law

Jack Jones is arrested as he is suspected of committing a criminal offence. There is enough evidence so Jack is charged with the crime.

What are Jack’s rights?Jack has the right to have someone assisting him during questioning. This will be a solicitor, if you don't have one (and you wish to have one) the police must provide you with one. If he were under 18 it could be a responsible adult or a parent.

You can be held for a maximum of 24 hours for less serious offences or for up to 36 hours for more severe crimes. After questioning you, the police may then submit a file to the Crown Prosecution Service (CPS) who will decide whether to prosecute.

Jack is told...'You do not have to say anything, but

it may harm your defence if you do not mention when questioned something

which you may later rely on in court.

Anything you do say may be given in evidence.'

 The Police who arrested Jack take him to the police station. When Jack gets to the Police Station he is told that he is not allowed to have anyone in with him during the interview. When Jack questions this he is then told that he can have a parent come to the station to assist him during the interview. Before the interview Jack is told the caution 'You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in court. Anything you do say may be given in evidence.' He is not explained its meaning and is very confused. Jack is told that he can be held in the Police Station for 26 hours. When Jack is interviewed the police make the decision to prosecute him.

It is your job to explain what the police have done wrong and to give him any other information he may need.

Bail or not to Bail or not to bail???bail???

Jack’s crime isn’t that serious and they don’t think he is at risk of re-offending so he is bailed to appear before the court at a later date.

What should the police consider when deciding whether to give someone bail?

Which court???Which court???Jack has just turned 18, so he wont be going to a court called the Youth Court, specifically there to deal with young offenders.

Which court???Which court???Some cases can be tried at a Magistrates court where the case is dealt with by a magistrate. This is for less serious offences.

Which court???Which court???Jack has committed an offence called ‘either way’ this means that the magistrate can choose or he can choose to go to Crown Court instead or a Magistrates Court.

Jack chooses...Jack chooses...The Crown Court. This means that the decision will be made by 12 members

of the jury upon instruction from the

judge. What are the good things and what are the bad things about trial by jury?

RepresentationRepresentationJack could conduct his own defence

but he decides it is probably better to appoint someone who will do it for him

– this is either going to be a barrister or solicitor.

The decision...The decision...The jury will be given instructions by the judge on what to take into consideration

with the decision. The jury can only decide that Jack is guilty if they are ‘beyond all reasonable doubt.’

Why is it so important that the jury isbeyond all reasonable doubt that Jack is guilty?

The jury decide that Jack is not guilty. They can’t decide beyond all reasonable doubt.

Here is Tom, he was the victim of the offence. He has injuries which have left him unable to go work and he wants to claim compensation.

What is civil law?What is civil law?Civil Law is the section of the law that deals with disputes between individuals or organisations. For example, a car crash victim claims damages against the driver for loss or injury sustained in an accident, or one company sues another over a trade dispute.

County CourtCounty CourtTom applied to the County Court. The County Court Judge will decide on the 'balance of probabilities,' i.e. it is 'likely' that the defendant is guilty.

• Why do you think the burden of proof is the balance of probabilities in civil law and beyond all reasonable doubt in criminal? Is it fair?