Step 01
A crime is committed. This may not be discovered, and when it is, may or may not be reported and investigated. So even at this early stage, many potential offenders do not enter the system.
Step 02
Initial decisions on how to deal with the issue are usually made by the police, who have discretion to deal with incidents in a number of ways, one of which could simply be to take no further action. If an offence is minor, the police could, for example, issue a fixed penalty fine, disperse a group, give a verbal warning, or administer a caution.
Step 03
If the police decide to arrest and/or charge an individual, they can be detained and evidence collected. The police then decide if the case should proceed to the next stage, be dealt with in other ways (such as a caution), or be dropped altogether.
Step 04
If the police decide to proceed, all evidence is sent to the Crown Prosecution Service (CPS). This independent body decides on whether to prosecute based on a two-point test: is there sufficient evidence, and would a prosecution be in the public interest? The CPS (not the police) also decides on the wording and level of the charge, and the decision to proceed is predominantly based on the likelihood of a successful prosecution. The CPS may decide not to proceed therefore, the case is dropped.
Step 05
If the CPS decide to proceed, then, depending on the nature of the offence, the case is heard either in a Magistrates’ Court (for lesser or triable-either-way offences) or in the Crown Court or higher court (for more serious or indictable offences). The Crown Court or above are adversarial, contested trials, with a prosecution (the Crown), a legal defence and a jury. Young people aged 10-17 are generally tried in a Youth Court, with specialist, suitably-trained staff.
Step 06
If the trial ends with a guilty plea or decision, a range of punishments can be awarded, ranging from conditional discharges, fines, Community Orders (often referred to as ‘community service’), to immediate imprisonment, and even a total of life imprisonment. A custodial sentence may be passed, but can be ‘suspended’.
