Research into Criminal

Hearing Procedures in Britain

2014

contents

1. What is the hearing?

2. Types and Forms of Criminal Hearing Procedure in Britain.

3. How to learn?

4. Conclusion

There is a big difference between British prosecutors and Chinese prosecutors.

Compared with the Crown Prosecution Service, China’s procuratorate performs the functions of legal supervision and investigation of crimes by taking advantage of duty besides prosecution.

Under the Constitution, it is a judicial authority like the Court.

1. What is the hearing?

In many cases, no oath will be administered, and hearsay evidence can be considered

the stricter disclosure rules for the ordinary courts may not be applied.

What is the hearing?

What is the hearing?the parties will give written and oral evidence

and their witnesses may be cross-examined (asked questions by the other party) to test their evidence against the other party's case

The Tribunal will then hear closing arguments (submissions) from both parties, and make its decision.

2. Types and Forms of Criminal Hearing Procedure in Britain

Types and Forms of Criminal Hearing Procedure in Britain

A. Pre-trial hearing ， including ：Early guilty plea hearing

Preliminary hearing

Plea and case management hearings, etc.

Types and Forms of Criminal Hearing Procedure in Britain

B. Detention hearing, including :

Pretrial detention hearing

Bail hearing.

Types and Forms of Criminal Hearing Procedure in Britain

C. The evidence hearing during trial—Newton hearing.

Types and Forms of Criminal Hearing Procedure in Britain

D. Post-trial hearings—Confiscation hearing.

Types and Forms of Criminal Hearing Procedure in Britain

These hearings seem to have such functions:

Types and Forms of Criminal Hearing Procedure in Britain

Firstly, the hearing has the function of going through procedures to further promote litigation service.

Types and Forms of Criminal Hearing Procedure in Britain

Secondly ， the hearing has the function of dispute resolution to resolve non-essential litigation disputes.

Types and Forms of Criminal Hearing Procedure in Britain

Thirdly, the hearing has the function of litigation management to make necessary preparation for successful trial.

Types and Forms of Criminal Hearing Procedure in Britain

Fourthly, the hearing has the function of substantive adjudication to solve the substantive problems other than conviction and procedural problems.

3. How to learn

1. Prosecutors in china have a special status in the criminal proceedings, especially the responsibility to review and decide on detention, so it is necessary for China to learn something good from the hearing procedures in Britain.

How to learn

2. The current criminal procedure law has expanded the criminal defense and legal aid which now can be applied during the investigation stage, so it is feasible for China to learn something good from the hearing procedures in Britain.

How to learn3. The main suggestions on criminal hearing

review conducted by the Chinese prosecutor are as follows:

Firstly, the following basic principles of criminal hearing procedure shall be established:

the principle of openness

the principle of adversary

the principle of convenience

the principle of effectiveness

How to learn

Secondly, the prosecutor shall be appointed as the host of hearing before prosecution.

How to learn

Finally, the hearing system shall be established with the focus on the detention hearing

Conclusion

There are some aspects which can be closely linked and learned among any kinds of litigation system in line with the rule by law.

ConclusionThe hearing system, originated from the

British judicial practice, has been widely used in legislative, administrative and other fields of various countries.

It worth our careful study and learning.