An arrested person being taken to a cell

In this third part of three online exercises on police investigations and actions you will learn through reading a dialogue what happens at the end of a police investigation into a crime and what the police and representatives of the courts can do at this stage. In addition, you will learn some key vocabulary for this stage of an investigation (some of which you will already know, while others you probably won’t).

At the end of the dialogue there is a quiz to ensure you correctly understand the different terms/vocabulary. In addition, once you have successfully completed the quiz, a box will appear where you can find out more details about each term.

To learn what happens at the beginning of a police investigation into a crime, do our online exercise Police investigations and actions part 1: The beginning of an investigation. To learn what happens when the police are questioning a suspect, do our online exercise Police investigations and actions part 2: Interviewing suspects.

The vocabulary/terms and the processes explained here is for the English and Welsh legal system. Although there are some differences in both to other legal systems, mostly they are similar (if not the same) to other legal systems.

Exercise: The end of a police investigation

Read the following conversation between two friends, Marie and Emma, who are talking about what categories of crimes and what happens to suspects at the end of a police investigation into a crime.

From the context, try to guess what the meaning of the words/phrases in bold are. Then do the quiz at the end to check if you are right.

Emma:'At the end of a police investigation a decision is made what to do. It could be that no further action is taken against a suspect or they charge the person with a crime.'

Marie:'Depending on the evidence they have. If the police believe they have enough evidence, the suspect will be charged, won’t they.'

Emma:'Yes, it depends on the evidence. But the decision to charge someone with a crime will be made by either the police or by the Crown Prosecution Service, who will be taking over the case if it goes to court.'

Marie:'But whenever a person is charged with a crime, it always goes to court, doesn’t it?'

Emma:'No, it doesn’t. And that depends on the type of crime the person is charged with.'

Marie:'Could you explain what you mean by that?'

Emma:'Some crimes are more serious than others. Murdering someone is more serious than stealing something from a shop for example. Depending on the level of seriousness, not only affects how someone will be punished if convicted of committing it, but also the process which is followed when they have been charged with committing it.'

Marie:'That makes perfect sense.'

Emma:'In the English and Welsh legal system, each crime is grouped into one of three different categories of criminal offences depending on its level of seriousness. The first category of crimes is called summary offences, these are minor and petty crimes, such as driving without insurance or being drunk and disorderly in a public place. If someone is tried in court for these, it will always be in a magistrates’ court without a jury and if found guilty the maximum sentence in prison they could get is 6 months. But normally for summary offences you are punished in some other way than time in prison.

The most serious types of crimes, like murder, rape, armed robbery, are called indictable only offences. If you are charged with one of these, you will be tried in a Crown Court with a jury and if convicted spend a long time in prison, possibly life imprisonment.'

Marie:'I presume that there is a category of crime which are more serious than summary offences, but less than indictable only offences.'

Emma:'Yes, you are right. And this category of crimes between the two is called either way offences. This includes crimes like fraud, sexual assault, assault and battery. And as you would expect, the punishment for these crimes is normally more than for summary offences, but always less than for indictable only offences.'

Marie:'So what can the police do to people who have committed a crime, but they don’t go to court.'

Emma:'There are a variety of things they can do to people who have committed some summary offence crimes.'

Marie:'For example?'

Emma:'If a police officer sees you do something very minor, like parking a car in a place you shouldn’t or dropping litter in the street, they can give a verbal warning, telling the person not to do it.'

Marie:'And does that go on their criminal record?'

Emma:'No, it doesn’t. However, the police can give someone a caution for some summary offence crimes and this does go on a person’s criminal record. Like if the police find someone speeding when driving or urinating in a public place. If the person admits their guilt, the police will give them a caution and it won’t go to court, otherwise it probably will do.'

Marie:'And doesn’t the person have to pay money if they are speeding when driving.'

Emma:'Yes, with certain criminal offences the person will have to pay a fine when they get caution for doing it.'

Marie:'Ok. So if someone is charged with a crime and has to go to court, what happens?'

Emma:'With some summary offence crimes, the accused won’t have to go to court, but the court will make a decision of what legal action will be taken and then inform the accused what this is. However, for many crimes, the accused will have to. And in the first court hearing which they have to attend at a magistrates’ court the accused will be asked if they plead guilty or not to the offences. Then the court will decide what will happen next. For example, whether the case will be tried in a lower (a magistrates’ court) or a higher (a Crown Court) court in the future.'

Marie:'So, what happens to the person who has been accused before that actually begins.'

Emma:'It depends on the crime they have committed and their criminal history. If they have committed an indictable only offence, like murder or if they pose a risk to others or of escaping, they can be put on remand, where they will be kept in prison until the end of their trial at court. But for the majority of people accused of a crime, they will be released on bail, where they are set free but have to agree to attend their trial and maybe agree to certain conditions, like avoiding the victim of the crime or a particular place.'

Marie:'Thanks for explaining that. What the police do in a criminal investigation is a lot clearer to me now.'

Emma:'My pleasure.'



Quiz:

Match the words/phrases in bold from the above text to each of the definitions/descriptions below. Click on the "Check" button at the bottom of the quiz to check your answers.

When the answer is correct, two icons will appear next to the answer. The icon contains extra information about the word/phrase. In the icon, you can listen to the pronunciation of the word/phrase.

1. When a person is kept in custody (in prison) until their court case finishes, they are

         

On remand:
(phrase) After being charged with a crime, a judge/magistrate decides if the accused should be held in prison until they have to attend court (for a trial or hearing). This is what being “on remand” is. Normally, this occurs when someone has been charged with a serious crime or they pose a risk to either not attending the trial or of committing other crimes before the trial happens.

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On remand:
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2. Very serious crimes like manslaughter and rape, are in the category of crimes called

         

Indictable only offences:
(noun) This is the third of three categories of crimes in the English and Welsh legal system. The crimes in this category are the most serious type of criminal offences and can lead to long sentences in prison (up to life imprisonment). In addition to time in prison, punishment for a felony can include fines, probation, community service, and restitution (pay an amount of money to the victim of the crime).

“Indictable only offences” are always tried in a Crown Court (where a jury will decide the guilt of the accused). If sent to prison, the person might be supervised after release or on parole. Examples of indictable only offences are: rape, murder, manslaughter, robbery, embezzlement, aggravated assault etc...

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Indictable only offences:
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3. A financial penalty you have to pay to the state after committing a crime, is called a/an

         

Fine:
(noun) It is a penalty of money that a court of law or the police decide has to be paid as punishment for committing a criminal offence. These are often for minor crimes and especially where the police issue them, there is a set amount of money to pay for the offence the person has been charged or cautioned with (e.g. $100 for illegally parking). Police officers can issue them on the spot for certain offences, while in other situations the fine the person has to pay will be decided later or in a court of law. The person will have a set number of days to pay the fine after it has been issued (e.g. 20 days).

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Fine:
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4. When the police formally accuse you of committing a criminal offence, they do this to you

         

Charge:
(verb) A charge is essentially where you are formally accused of committing a criminal offence by the police (normally a senior police officer has to agree to a suspect being charged) or by the Crime Prosecution Service for more serious crimes. From that point onwards, it is passed on to the courts to decide what to do with the case.

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5. The first time a person charged with a crime has to go to court, is called the

         

First court hearing:
(noun) Often called a “first hearing” or an “arraignment”. After a person has been charged with a crime, the case will then be referred to the courts. In this “first hearing”, the person charged with crime will be told what they have been charged with and asked to plead guilty or not guilty. The magistrate will decide in which court the criminal case will be heard in and can decide whether the accused will be released on bail (and under what conditions) or be held on remand (in prison) until the court case ends.

In England and Wales, this “first hearing” is held in a magistrates’ court (a court for minor crimes) with prosecuting and defence lawyers present. The magistrate will decide where the case will subsequently be heard, either in a magistrates’ court (without a jury) for minor crimes or a crown court (with a jury) for more serious crimes.

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6. Crimes which are regarded as not serious or minor offences like careless driving and graffiti, are in the category of crimes called

         

Summary offences:
(noun) This is the first of three categories of crimes in the English and Welsh legal system. The crimes in this category are petty/minor offences (cautions are given for summary offences) that are typically punishable by fines, a ban (for motoring offences) or community service. But for some, they can carry a maximum sentence of 6 months in prison. They are only tried in a Magistrates’ Court. Examples of summary offences are: not stopping at a red light, littering, being drunk and disorderly, noise violations etc...

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Summary offences:
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7. When a police officer tells a person who has done a very minor crime not to do it again, it is called a/an

         

Warning:
(noun) In some cases of very minor offences (e.g. parking in an inappropriate place) the police officer may give the person a verbal warning, telling the person not to do it. This is often given when the police officer thinks the person has made an honest mistake. They will probably take a note of the person’s name and address, but unlike with a “simple caution”, no record of the offence will be placed on the person’s criminal record.

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Warning:
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8. When a person charged with a crime is allowed to stay at home until their court case finishes, they are

         

Released on bail:
(phrase) This is when someone who has been charged with a criminal offence is released from custody by the police until they have to attend a court hearing/trial. However, a suspect can sometimes be “released on bail” even if they haven’t been charged (called “pre-charge bail”), while the police continue their investigations. In both situations, only people they don’t see as risks or haven’t committed serious crimes will be granted bail.

In addition, there may probably be certain conditions which the suspect has to agree to before being released, like not contacting certain people, remaining at a certain address. If the person is found to have broken these conditions, then the person can be arrested and put “on remand” (taken back into custody) and held in prison until the court case has finished.

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Released on bail:
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9. Crimes like burglary or dangerous driving which are regarded as more serious than summary offences but less serious than indictable only offences, are in the category of crimes called

         

Either way offences:
(phrase) This is the second of three categories of crimes in the English and Welsh legal system. The crimes in this category are more severe than “summary offences” (in terms of the damage or effect on the victim or society), but less severe than “indictable only offences”. With an “either way offence”, the accused may elect the case to be dealt with in a Magistrates’ court (where 2 to 3 magistrates or a judge will decide the guilt of the accused and lesser punishments are given) or in Crown Court (where a jury will decide the guilt of the accused and larger punishments are possibly given).

Punishment for an either way offence, depending on the crime, can be upwards of 6 months in prison, and can also include payment of a fine, probation, community service, and restitution (pay an amount of money to the victim of the crime). Examples of either way offences are: theft, fraud, assault, burglary, drug possession, dangerous driving etc...

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Either way offences:
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10. When a person who has committed a minor crime and admits to doing it, is given a formal warning by the police and doesn’t have to go to court, it is called a/an

         

Caution:
(noun) A “caution” is like an official warning given by the police for some minor crimes (e.g. graffiti, shoplifting, being drunk and disorderly etc...). To receive a “caution”, the person has to admit their guilt to an offence to a police officer. If not, they will be charged with the offence and have to go to court.

There are two types of cautions: simple and conditional. A “simple caution” is simply a warning, whereas with a “conditional caution” the person receiving it is required to do some further action, like paying a fine or doing some course of action like a drug rehabilitation course or repairing some damage. If the person breaks these conditions, they will be charged with the original crime again and have to go to court. Although not a criminal conviction, a “caution” will stay on a person's police record for a set period of time. In America, something similar is called a “citation”

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Practice

Now that you understand the meaning of the words/phrases and when to use them, practise using them by creating your own sentences with them in English. Also click on the "" icon next to each correct answer and listen how each is pronounced correctly.