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Website design By BotEap.comLast year, I had the opportunity to travel to London, England, to observe its criminal justice system for a week. This trip was organized by the California State Bar Association. As a practicing criminal defense attorney in the United States, it was a wonderful experience observing three or four different English criminal courts. After several hours of observation, our group had the opportunity to visit the judge and attorneys for that session. Below you will find a comparison between the two systems.
Website design By BotEap.com1. What standard of proof is required before a formal charge is issued to a citizen??
Website design By BotEap.comVery similar to the United States, the standard in English for the issuance of a formal charge is “reasonable suspicion” that a crime or crime has occurred.
Website design By BotEap.comtwo. Generally speaking, how is a formal collection document issued??
Website design By BotEap.comAgain, in a procedure very similar to that of the United States, it is the police and / or the Crown Prosecutor’s Office who draw up and issue a formal accusation document.
Website design By BotEap.com3. Does the accused have the right to a lawyer??
Website design By BotEap.comIn both countries, yes.
Website design By BotEap.comFour. When is the defendant informed of his right to a lawyer and at what stage of the process is he informed of a lawyer??
Website design By BotEap.comUpon arrest and before being questioned by the police, an English citizen is advised that he has the right to a lawyer. In essence, this procedure is virtually identical to the procedure in the United States for a “Miranda” warning.
Website design By BotEap.com5. Does a defendant in England have the right to examine the prosecution record (reports, witness statements, results of forensic examinations, etc.)?
Website design By BotEap.comYes, and long before the trial.
Website design By BotEap.com6. Does a defendant in England have the right to a jury trial??
Website design By BotEap.comYes, but not as liberally as in the United States. For a first offense, the maximum penalty an English citizen must face must be at least six (6) months in prison before being entitled to a jury trial. For a second offense, at least twelve (12) months in prison. Generally speaking, all misdemeanors and 30-day offenses (such as a DUI misdemeanor, etc.) do not grant or offer the defendant the right to a jury trial. All of these types of crimes are handled like bench trials before the judge.
Website design By BotEap.com7. Is a defendant presumed innocent in England during the course of the proceedings??
Website design By BotEap.comYes.
Website design By BotEap.com8. What is the general composition and conduct of a jury trial in England??
Website design By BotEap.comGenerally, the jury is made up of twelve (12) members; however, during the course of the trial, the number of active jurors may be reduced to nine (9) and the case will continue until a verdict is rendered. English law allows a 10-2 or “supermajority” verdict, a unanimous verdict is not required. Rather, most criminal courts in the United States require a unanimous verdict.
Website design By BotEap.com9. Does the accused have the right to appeal??
Website design By BotEap.comYes, but only because of an alleged error of law.
Website design By BotEap.comSome interesting information about the courts of appeal in England: Previously, all criminal appeals were referred to a specific subcommittee of the “House of Lords” for a decision. Only recently have specific appellate courts been created to handle criminal appeals. An appeals court does not have the ability to repeal or nullify a law, it can only interpret a law or make a recommendation to Parliament for a law to be rewritten. The highest court of appeals in England hears appeals from England, Wales and Northern Ireland in both civil and criminal matters. Scotland has maintained its own court of appeals for criminal appeals. The “Privy Council” is the last court of appeals available for all British republics (example: Jamaica, Trinidad and Tobago, etc.). The “private council” is made up of the same judges who heard the appellate courts. English courts of appeal rarely meet “en banc”. Depending on the perceived importance of the matter to the general public, panels of five (5), seven (7) or nine (9) judges will hear oral arguments and decide the case. For the most part, it is a panel of three judges who hear and decide cases. The average oral discussion is around eight (8) hours per party.
Website design By BotEap.com10. What is the standard of proof required for a conviction in criminal court??
Website design By BotEap.com“Safe” is the current standard in England. Previously it was “beyond reasonable doubt” (as is the standard in the United States); but recently it was changed to “safe”.
Website design By BotEap.comSome generally interesting points of the English criminal justice system are:
- “Wrongdoing or prior convictions are admissible as evidence of the current offense charged (example: an English defendant on trial for a second shoplifting offense would have the first shoplifting conviction announced or posted to the jury) Website design By BotEap.com
- The English judiciary adopts the concept of “shared and complete responsibility” between various defendants. Similar to the concept in the United States of “the hand of one is the hand of all”. For the most part, English judges give similar sentences to each and every actor / conspirator and even those with a relatively minor role. Website design By BotEap.com
- The trial judge accuses the jury of the law Y the facts with the jury and prior to deliberation. Clearly, this is a huge difference and difference from American courts. The English judges accuse the jury that the facts should be a general and balanced summary of both parties and a review of the key testimonies in a long trial. Website design By BotEap.com
- English juries are individually given an evidence notebook for the trial. Website design By BotEap.com
- English defendants generally sit together and “in the document” and not with their lawyers at the table during the trial. Website design By BotEap.com
- All lawyers, judges and court clerks wear a wig and gown during proceedings in England. Website design By BotEap.com
- Trial judges generally hold their rulings on evidentiary objections until after the attorneys meet and see if they can resolve the objections among themselves. Again, this is a major deviation in the way objections are handled in the United States. In general, judges in England rule on evidentiary issues much less frequently than their counterparts in the United States. Website design By BotEap.com
- Jury selection is completely random and neither party may challenge a juror except “for cause.” Basically, in the English court they just “spin the wheel” and take out the names. Jurors are only excused if there is a direct conflict and / or a very high level of “cause.” English juries can ask questions at various intervals during the trial when recognized by the court. Website design By BotEap.com
- An “unwritten” rule is that English employers pay the standard salary to employees while they are off jury duty. Website design By BotEap.com
- Mandatory sentencing guidelines are present for most crimes in England, and the judge sentences the defendant with a guilty verdict. Website design By BotEap.com
- An “attorney” generally has all contact with the client, conducts all legal research, and prepares legal memoranda and motions. Generally, the “lawyer” is in charge of all the preparation of the trial. An “attorney” is the attorney who actually appears as the lead attorney in court for the client. The “attorney” hires or hires the “attorney” and the “attorney” must pay the “attorney” for his services, regardless of whether the client pays the “attorney” or not. Website design By BotEap.com
- In England, it is very common for private lawyers to continually change roles within the system. Again, this is a major departure from American practice. The government may hire private attorneys and attorneys on a case-by-case basis to act as prosecutors. It is very common for private lawyers in England to serve as judges for one to two years and then return to private practice as solicitors or solicitors. Website design By BotEap.com
- Finally, at the conclusion of the discovery process in England, both the prosecution and the defense have the mandate and the obligation to file a joint “case statement” with the court. This document is presented to the jury and contains all the points of agreement and stipulations that are present in the case. The “case statement” also specifically describes the points that are controversial between the government and the defense. Neither party may vary from the agreed “case statement” presented to the court prior to the start of the trial.
