Going to Court

by Fitzpatrick, Brian; Menzies, Christopher; Hunter, Robert

• ISBN13: 9780199284146
• ISBN10: 0199284148
• Format: Paperback
• Copyright: 2006-03-30
• Publisher: Blackstone Press

Summary

This text is a practical and very useful guide for police officers of all ranks, designed to prepare them for attending court. Going to Court provides information on court procedures, giving evidence, case progression and case file preparation. The book is accessible and easy to use with helpful flowcharts, diagrams, practical tips and court plans. This unique text demystifies and explains the court process and so is a must have for all police officers who need advice and practical help with this often daunting experience.

Author Biography

Brian Fitzpatrick is a Detective Sergeant at the Serious Crime Directorate in South London. Previously, he has served at the Croydon, Marylebone, Scotland Yard Anti-Terrorist Branch; the Hammersmith and Shepherds Bush, Operation Trident; and the South London Murder Investigation Team. He has extensive experience of appearing in court.

Table of Contents

List of Illustrations	xi
1 Introduction	1	(6)
1.1 Court and the Police Officer	2	(2)
1.2 Contents	4	(1)
1.3 Personal	5	(2)
2 The Legal Profession	7	(14)
2.1 Introduction	8	(1)
2.2 Public Prosecutors	8	(4)
2.3 Solicitors	12	(4)
2.4 Barristers	16	(4)
2.5 Conclusion	20	(1)
3 The Magistrates' Court	21	(18)
3.1 The People's Court	22	(2)
3.2 The Magistrate, the Legal Adviser and Other 'Officers' of the Court	24	(6)
3.3 Magistrates' Court Procedure	30	(9)
4 Magistrates' Court: Sentencing and Bail	39	(18)
4.1 Introduction	40	(3)
4.2 Sentencing Options	43	(5)
4.3 Ancillary Orders	48	(1)
4.4 Bail at the Magistrates' Court	49	(5)
4.5 Committal and Transfer Proceedings to the Crown Court	54	(3)
5 The Youth Court	57	(6)
5.1 Composition and Jurisdiction	58	(5)
6 Applications in the Magistrates' Court	63	(22)
6.1 A Powerful Preventative and Investigative Tool	64	(1)
6.2 Arrest Warrants	65	(1)
6.3 Search Warrants	66	(4)
6.4 Warrants of Further Detention	70	(3)
6.5 Other Applications	73	(9)
6.6 Summonsing a Witness to the Magistrates' Court	82	(2)
6.7 Conclusion	84	(1)
7 The Crown Court	85	(12)
7.1 The People Decide	86	(5)
7.2 Practical Matters	91	(4)
7.3 The Press	95	(2)
8 Crown Court Proceedings	97	(18)
8.1 The Indictment	98	(1)
8.2 Pre-trial Proceedings	99	(6)
8.3 Failure to Appear	105	(1)
8.4 Trial by Jury	106	(7)
8.5 Applications in the Crown Court	113	(2)
9 Crown Court: Guilty Pleas and Sentencing	115	(10)
9.1 The Plea of Guilty	116	(5)
9.2 The Sentencing Hearing	121	(1)
9.3 The Sentencing Decision	121	(4)
10 The Coroner's Court	125	(18)
10.1 Introduction	126	(1)
10.2 Composition and Jurisdiction	126	(2)
10.3 The Function of the Court	128	(2)
10.4 Incomplete Proceedings	130	(3)
10.5 The Coroner's Inquest	133	(5)
10.6 Exhumation	138	(1)
10.7 Treasure	139	(1)
10.8 Conclusion	139	(4)
11 Preparing for Court	143	(12)
11.1 Police Officer as Witness or the Officer in the Case	144	(9)
11.2 Preparing for an Application	153	(1)
11.3 Preparation: General	154	(1)
12 Trial Procedure	155	(10)
12.1 Introduction	156	(1)
12.2 The Prosecution Opening	156	(1)
12.3 The Case for the Prosecution	157	(1)
12.4 Examination in Chief	158	(1)
12.5 Cross-examination	159	(1)
12.6 Re-examination	159	(1)
12.7 Practicalities	160	(1)
12.8 Legal Submissions and the Trial Within a Trial	160	(2)
12.9 Exhibits	162	(1)
12.10 No Case to Answer	162	(1)
12.11 The Defence Case	163	(1)
12.12 Closing Speeches	164	(1)
13 Giving Evidence	165	(22)
13.1 Myths	166	(1)
13.2 Preparation	167	(7)
13.3 The Officer's Role	174	(1)
13.4 Prosecution Witness	175	(8)
13.5 The Officer in the Case (OIC)	183	(2)
13.6 Summary	185	(2)
14 Conclusion	187	(4)
14.1 Change and Reform	188	(1)
14.2 No Witness, No Justice	189	(1)
14.3 Closing Speech	190	(1)
APPENDICES
1 Sample Search Warrants and Forms	191	(10)
2 Useful References	201	(2)
Glossary	203	(4)
Index	207