外国法
How justice works

资料来源:http://www.homeoffice.gov.uk/justice/how-justice-works/

Below is a brief overview of the different stages of the justice system, which starts with a crime being reported to the police and ends with an offender being punished and, if possible, rehabilitated.

1. A crime is reported

A crime is reported to the police. Victims and/or witnesses make witness statements.

2. Investigation/arrest

Police investigate the crime and, if possible, arrest the suspect and bring them into custody. They then have four options:

pass the evidence to the Crown Prosecution Service (CPS) where a Crown Prosecutor decides whether to press charges

release the suspect on the proviso that they return to the station at a later date

release the suspect with a formal caution

release the suspect if there’s not enough evidence to lay charges

3. Preparing for court

The Crown Prosecution Service then takes over to prepare for going to court.

They review the evidence and decides whether the case should go ahead and what the correct charge should be.

It may take several months before the court case begins because preparing the defence and prosecution cases takes time. Victims and witnesses receive support during the waiting period.

4. Going to court

Which court the case is tried in depends on the seriousness of the offence. The majority of cases are heard in the Magistrate's Court. If it's an indictable-only offence such as murder or rape, the involvement of the Magistrate’s Court is minor and the case is referred to the Crown Court.

At the start of a court case, the defendant enters a plea. The cases for the prosecution and defence are then presented and the magistrate or jury reaches a 'guilty' or 'not guilty' verdict.

5. Sentencing

If a 'guilty' verdict is reached, the magistrate or judge then sentences the offender.

Sentencing guidelines are used to decide whether to issue a fine, community sentence, prison sentence, discharge or combination of these sentencing options.

If the convicted offender feels they didn’t receive a fair trial or their sentence was excessive, they are entitled to appeal.

整理者:Jackie

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