The Laws of Violence

396 J Accid Emerg Med 2000;17:396–399 J Accid Emerg Med: first published as 10.1136/emj.17.6.396 on 1 November 2000. Downloaded from REVIEW The laws of violence John Bache Abstract Which of these choices is followed by the Working in an accident and emergency police depends upon a number of factors, such (A&E) department inevitably involves as the nature and seriousness of the oVence; dealing with the consequences of violence, the nature of any injuries; the level of tolerance; and a knowledge of the laws of violence is a the circumstances of an assault; the degree of useful adjunct to the clinical practice of intent; the strength of the evidence; and the A&E medicine. The police and the Crown prospects of a successful conviction. The Prosecution Service decide whether or not victim of a crime often wishes the police and to charge a suspect, and which charge is CPS to take the matter to court, but the police appropriate. All criminal oVences are ini- and CPS may feel that it is not in the public tially considered in the magistrates’ court interest to charge the suspect. but the more serious oVences may be The CPS is composed of qualified lawyers committed to crown court. Specific of- or, recently, designated case workers. In the fences include common assault, actual magistrates’ court, the CPS presents the case bodily harm, grievous bodily harm, and for the Crown. In the crown court, the case is grievous bodily harm with intent. If the presented by a barrister instructed by the CPS, defendant is found guilty, an appropriate or by a CPS higher court advocate. sentence is imposed. In making a decision on whether or not to (J Accid Emerg Med 2000;17:396–399) prosecute, the CPS firstly has to consider Keywords: laws; violence; assault whether the case will pass the evidential test, and then whether it will pass the public interest test. If the case does not pass the evidential Members of the legal profession are often test, it may not proceed, regardless of how bemused by the jargon and detailed terminolo- important or serious it may be. For the eviden- gies used by members of the medical profes- tial test, there must be enough admissible sion. The reverse is also true. Those working in evidence to provide a realistic prospect of con- http://emj.bmj.com/ accident and emergency (A&E) departments viction: this means that a court, properly deal with the results of criminal violence, directed in accordance with the law, is more sometimes in their own departments, with likely than not to convict on that evidence. depressing frequency. The purpose of this So far as the public interest test is con- paper is to explain some of the basic concepts cerned, there is no rule of law that demands the of the criminal law in England, Wales and automatic prosecution of an oVender, even if Northern Ireland, particularly concentrating the evidential test is met, and a prosecution on aspects that are likely to involve staV in A&E only takes place if the public interest requires on September 27, 2021 by guest. Protected copyright. departments. Scottish law diVers in a number it. The more serious the oVence, the more of details. likely it is that a prosecution will be needed in the public interest. The CPS is the ultimate The criminal process decision maker. Some common public interest When a crime is committed and a suspect is factors that make a prosecution more likely apprehended, the police have a number of include the following: a conviction is likely to choices. They can take no further action and result in a significant sentence; a weapon was release the defendant because of insuYcient used or violence was threatened during the evidence. They can release the defendant on commission of the oVence; the oVence was police bail while they make further enquiries. committed against a person serving the public, They can report the matter to the Crown Pros- such as a police oYcer, a prison oYcer, or a ecution Service (CPS), who can decide what nurse; the defendant was in a position of Leighton Hospital, further action is appropriate. A police oYcer of authority or trust; there is evidence that the Crewe, Cheshire the rank of inspector or above can caution the oVence was premeditated; the victim of the CW1 4QJ oVender, if the oVence is admitted. The police oVence was vulnerable. Some common public interest factors that make a prosecution less Correspondence to: can charge the defendant with the intention of Mr Bache, Consultant in bringing him before a court, and can grant likely include the following: the court is likely Accident and Emergency conditional or unconditional bail. The appro- to impose a very small or nominal penalty; the Medicine priate charge depends upon the nature of the oVence was committed as a result of a genuine ([email protected]) injuries, the circumstances of the assault and mistake or misunderstanding; the loss or harm Accepted 29 February 2000 the degree of intent. can reasonably be described as minor; the www.jnlaem.com The laws of violence 397 J Accid Emerg Med: first published as 10.1136/emj.17.6.396 on 1 November 2000. Downloaded from Magistrates' court If the case is to be heard in the magistrates’ court, the defendant is asked whether they plead guilty or not guilty. If there is a plea of guilty, the magistrates will sentence the defendant, possibly after adjourning the case while a pre-sentence report (PSR) is prepared. If there is a plea of not guilty, the matter is adjourned Summary offence Either way offence Indictable offence for trial in the magistrates’ court, before three lay magistrates, or a stipendiary magistrate sit- ting alone. If the defendant is found guilty, the magistrates will proceed to sentence the defendant, again possibly adjourning the case for a PSR. Committal Committal Very serious oVences, such as murder and attempted murder, are indictable only. The magistrates will decide whether there is a case to answer and, if there is, they will then commit the defendant to the crown court. Defendants charged with indictable oVences Magistrates' court Crown court and either way oVences that are to be dealt with in the crown court are asked in the crown court whether they plead guilty or not guilty. If they plead guilty, the judge will proceed to sentence. If they plead not guilty, a trial is held before a judge and jury. If the jury find the Pleads not guilty Pleads guilty Pleads not guilty defendant guilty, the judge will pass sentence. Whether or not the judge requires a PSR before passing sentence depends upon the seriousness of the charge and the likely sentence. When the trial is in the magistrates’ court, the magistrates will not be aware of any of the Trial Sentence Trial defendant’s previous convictions unless and until the defendant is found guilty, when the magistrates will be provided with a record of previous convictions before proceeding to sentence. In the crown court, the judge will be aware of previous convictions but the jury will Not guilty Guilty Not guilty not normally be aware of previous convictions, unless the judge gives leave for cross examina- Figure 1 Progress of a case through the criminal justice system. tion on previous convictions. In the case of the http://emj.bmj.com/ defendant has put right the loss or harm that magistrates’ court, the magistrates may find it was caused. necessary to refer the case to the judge in the The burden of proof required in a criminal crown court for sentence, if they consider their court is “beyond all reasonable doubt”, in con- powers of sentence are insuYcient, once they tradistinction to “on the balance of probabili- become aware of the previous convictions of ties”, which is the burden of proof required in the defendant. a civil court. Victims of a crime and, indeed, other [If the police and CPS decide not to witnesses may be understandably apprehensive on September 27, 2021 by guest. Protected copyright. proceed, a private prosecution is possible: the of giving evidence in court. StaV of the victim aggrieved party pursues the matter himself. support scheme are trained in counselling and will assist victims, including accompanying Private prosecutions can be extremely expen- them to court and explaining court procedure sive and are very rarely used.] to them if necessary. The witness liaison All criminal oVences that are taken to court service is operated by the police but run by are initially dealt with by the magistrates civilians: if witnesses are required in a trial, the (justices of the peace). These are usually lay witness liaison service will contact them, men and women who have some judicial train- explain what is required, check availability, ing but depend upon the clerk of the court, arrange suitable dates, expense claim forms, who is legally qualified, for advice on points of etc; they liaise between the police and the CPS. law. There are also a number of stipendiary magistrates, who are professional lawyers. Specific oVences Criminal oVences are divisible into three As mentioned above, criminal oVences are groups: summary only (the relatively minor divisible into three groups: summary only oVences, which are triable only in the magis- oVences, either way oVences, and indictable trates’ court); indictable only (the most serious only oVences. Certain oVences may be particu- oVences, which are triable only by a judge and larly relevant to those working in A&E depart- jury in the crown court); and either way ments.

Load more