Objectives and Importance
Encyclopedia Britannica refers to criminal law as: “the body of law that defines criminal offences, regulates the apprehension, charging and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.”
Traditionally, criminal sanctions were proportionate to the guilt of the accused, as they aimed to expiate moral guilt. However, contemporary views are far more rationalistic and pragmatic as the objective has evolved towards general prevention and the reform of offenders.
Criminal law protects the interests of society as its primary function is to help maintain social order and stability. It does this by prohibiting conduct that unjustifiably causes harm, warning possible offenders of criminal punishment, defining the act and intent that is required for each offence, distinguishing between major and minor crimes, imposing punishment, and ensuring that victims or parties related to the victim are represented in a trial.
Summary Offences
These are considered the least serious crimes a defendant can be charged with. Unless a more serious crime is associated, this type of offence is tried in a magistrates court where the defendant is not usually entitled to a jury. Many summary offences carry a penalty of a fine only, however, the maximum penalty that can be imposed is normally 6 months.
Examples of this type of offence include but are not limited to: most driving offences whereby a fatality has not occurred, common assault involving minor injury, and offences involving offensive words or behaviour from sections 4 and 5 of the Public Order Act.
Either way criminal offenses
This type of offence can be tried in either a Magistrates Court (Before a District Judge or Magistrates) or Crown Court (Judge and Jury).
A defendant charged with either way offence will first appear before a magistrates’ court which will hear the facts of the case and decide where the case should be allocated for trial or sentence.
If on the facts of the case the District Judge or Magistrates decide that their sentencing powers are inadequate, they will allocate the case to the Crown Court. On the other hand, if they believe that their sentencing powers are sufficient, then the case is allocated to the Magistrates’ court. However, in either event, the defendant can ask for the case to proceed to the Crown Court.
This category encompasses a vast array of offences that are considered mid-severe. For example, offences of dishonesty such as fraud, offences of violence or damage such as grievous bodily harm, and certain sexual offences such as sexual assault.
Indictable only offences
These are the most serious offences and are only tried in Crown Courts. Although the case will first appear before the Magistrates’ court, it will be immediately sent to be dealt with by a judge in the Crown Court. Should the case proceed to trial, the jury will decide on the defendant’s innocence or guilt. However, it is the judge that passes the sentence.
Common indictable offenses include murder, manslaughter, rape, and robbery.
What does a criminal law solicitor do?
A criminal law solicitor’s role is extremely varied as there is an array of circumstances that require the knowledge of an expert in criminal law. The most common purpose of a criminal solicitor is to advise a defendant about: the details of their case, options to plead guilty or not guilty to the charge, and likely sentences.
If the defendant is pleading not guilty, the solicitor will assist in understanding the legal procedures and prepare a defense to the charge. They will also help the defendant
understand the evidence that is presented against them and gather evidence that supports their case.
Criminal law solicitors can contact witnesses or seek expert reports to challenge the evidence against the defendant. They may in some cases also advise the barrister or solicitor advocate.
On the other hand, if the defendant pleads guilty the solicitor will gather and present any material that may persuade the court to reduce any sentence of imprisonment or fine.
Additionally to in-court representation; criminal solicitors also ensure that rights are not breached at police questioning. From advising on speeding fines to presenting a defence on behalf of those accused of serious offences, the job of a criminal solicitor is very high-pressured and a crucial component of the judicial system.
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