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?
informal,
adversarial and
juridical
The
hearing
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?
 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.
It supervises
decisions and
execution of
compulsory
medical
treatment
It supervises the
legality of
decisions and
execution of
residential
confinement at a
designated
residence
It supervises
temporary
execution of a
sentence outside
of jail
It supervises
cases of death
sentence
execution and
review
It supervises
decisions and
execution of
compulsory
medical
treatment
It supervises the
legality of
decisions and
execution of
residential
confinement at a
designated
residence
It supervises
temporary
execution of a
sentence outside
of jail
It supervises cases
of death sentence
execution and
review
2. Types and Forms of Criminal
Hearing Procedure in Britain
A. Pre-trial
hearing
B. Detention
hearing
D. Post-trial
hearings
C.Newton
hearing
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.
Firstly, the neutrality
of the host of the
hearing.
Fifthly, the adequacy
of preparation for
the hearing.
Fourthly, the
flexibility in
application of
hearing.
Secondly,
contradiction of
participants of the
hearing.
Thirdly, the
procedure of content
of the hearing.
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 learn
3. 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.
Conclusion
 The 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.