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The prosecution process

The criminal justice system in England and Wales is made up of several agencies and departments. Together they are responsible for maintaining law and order, and for the administration of justice.

If the police charge someone with a criminal offence, the Crown Prosecution Service (CPS) may decide to prosecute. In jury trials, the judge decides questions of law, sums up the case and sentences or discharges the accused. The CPS may proceed with prosecution if they believe there is enough evidence to mean there is a realistice prospect of getting a conviction against each defendant on each charge. They also consider whether it is in the public interest to proceed.

Summary offences are the least serious and may be tried only in the magistrates' court. There are also 'indictable-only' offences, such as murder, manslaughter and robbery, which must be tried by a judge and jur in the Crown Court on indictment. 'Trialable-either-way' offences are dealt with as summary offences unless the magistrates decide that the case is more suitable for the Crown Court, or the defendant elects to be tried at the Crown Court.

Trials

The law presumes an accused person is innocent until proved guilty beyond reasonable doubt by the prosecution. If the defendant pleads guilty, the judge will decide an appropriate sentence. Criminal trials usually take place in open court - which means that members of the press and public are allowed to hear proceedings. If a defendant pleads 'not guilty', the prosecution and defence form opposing sides. They call and examine witnesses, and present opposing versions of the case - strict rules govern how this is done.

The jury

Jurors are selected at random from the Electoral Register and attend court for two weeks or for the whole of the trial for which they are selected. The judge decides questions of law, sums up the case to the jury and discharges or sentences the accused. The jury is independent of the judiciary and is responsible for deciding questions of fact. Their verdict can be 'guilty' or 'not guilty'.

For more information on jury service and the juror's role, follow the link below.

• Serving as a juror

Criminal justice in Scotland

The Crown Office and Prosecutor Fiscal Service provides Scotland's independent public prosecution service. It is a department of the Scottish Executive and is the sole public prosecution authority in Scotland.

There are two types of criminal procedure in Scotland: solemn and summary. Solemn procedure covers the most serious cases, involving trial on indictment before a judge or sheriff sitting with a jury. A Scottish jury is made up of 15 people and a simple majority (8-7) is all that is need to establish guilt or innocence. Three verdicts are available: 'guilty', 'not guilty', or 'not proven'. A not proven verdict is equivalent to not guilty, as it is an acquittal. Summary procedure covers less serious offences involving a trial by sheriff sitting alone, or a magistrate, who may sit alone or in a bench of three.

For more information on Scotland's courts and justice system, follow the link below.

• Scotland's justice system Opens new window

Criminal justice in Northern Ireland

The Northern Ireland Office, under the Secretary of State, deals with policy and legislation concerning criminal law, the police and the penal system in Northern Ireland.

The Public Prosecution Service is responsible for considering and, where appropriate, undertaking all criminal cases in Northern Ireland.

For more information on criminal justice in Northern Ireland, follow the link below.

• Public Prosecution Service - Northern Ireland Opens new window