ABSTRACT
J Explain the role of the Crown Prosecution Service in bringing prosecutions in criminal cases
J Describe the system of advanced sentence indication at the Crown Court under the ‘Goodyear’ rules
J Describe and distinguish the first instance and the appellate courts which hear criminal cases
J Classify crimes as summary, indictable only or either way, and explain where each must or may be tried
J Advise a defendant who is pleading not guilty to an either way offence whether he should elect trial at the Crown Court, and why or why not
J Discuss whether there is a general right to trial by jury and, if so, what the limitations on that right might be
5.1 Introduction Most crimes are investigated by the police. Other agencies that might detect and investigate crimes include local authorities (e.g. trade description offences), the Health and Safety Executive (e.g. injuries or deaths that occur at work), the Serious Fraud Office (no explanation needed) and Revenue and Customs (e.g. for tax evasion). These agencies also deal with bringing prosecutions in these cases. However, our focus in this chapter is on those crimes investigated by the police and then prosecuted by the Crown Prosecution Service; the majority of the offences that you will study in criminal law, in fact. The powers of the police are extensive, as are the rules governing the exercise of those powers. Figure 5.1 gives an overview of the prosecution process in England and Wales. It was taken from the Home Office Criminal Justice website and is a useful summary of the roles of the police, CPS and the courts. Terms used which may be unfamiliar to you at this stage are defined and explained throughout the chapter.
