6. Appeals in the Criminal Courts

Question 1

What happens at triable either-way offences?

Answer 1

Once defendant has entered plea, magistrates decide:

1. if they can impose sentence. If they believe sentence should be higher in a guilty plea, sent to Crown Court for sentencing.
2. if they think their court is suitable for the nature of the offence, if not = referred to Crown Court

Question 2

What happens at Crown Court?

Answer 2

Indictable offences are referred here from Magistrates.
If it’s a guilty plea = heard by judge alone.
If ‘not guilty’ = jury is used.

Question 3

What is the role of youth court?

Answer 3

• For young offenders aged 11-17 (under 10s can’t be charged with criminal offence).
• Less formal
• Only those involved in the case are let in, parents / guardian must attend.
• Magistrates have special training, must be at least 1 female and 1 magistrate on the bench.

Question 4

What is the pre trial schedule in Crown Court?

Answer 4

1. Indictment is formally set out.
2. Prosecution and defence disclose evidence to be used at the trial.
3. Defence give written statement to prosecution.
4. Plea and Trial Prosecution Hearing decides if Further Case Management Hearing will occur.

Question 5

Appeals from the magistrates court

Answer 5

• Automatic right to appeal to Crown Court.
• Case is reheard by a judge and 2 magistrates.
• Sentences can be amended/upheld/reversed.

Question 6

What is a case stated appeal?

Answer 6

When defence believes the original trial magistrate/judge made a mistake about the law. They’re referred to the Queen’s Bench Division in High Court.

Question 7

When are appeals to the Supreme Court allowed?

Answer 7

If the divisional court feels that a point of law of public importance is involved, or permission is granted.

Question 8

Appeal routes from Crown Court to Court of Appeal

Answer 8

1. Defendant and prosecution have right to appeal.

2. Defendant must get ‘leave to appeal’ from the Court of Appeal.

Question 9

When are grounds for Appeal Granted?

Answer 9

Criminal Appeal Act 1995:

a) Conviction was unsafe
b) Dismiss such an appeal in any other case
c) New evidence comes to light

Question 10

What can the court do with appeals?

Answer 10

a) Allow appeal and quash conviction
b) Vary the sentence (only reduce)
c) Order a retrial

Question 11

What can the prosecution appeal against?

Answer 11

1. Against a judge’s ruling
2. Against acquittal
3. Referring a point of law
4. Against sentence

Question 12

What is the double jeopardy rule?

Answer 12

A person cannot be trialled for the same crime twice.