6- Criminal Courts

Question 1

What are the 3 types of criminal offences?

Answer 1

1. Summary offences: Least serious offences that are always tried in the Mag Courts, for example common assault.
2. Triable-either-way offences: Offences that can be tried either by the Mag Court or the Crown Court before a judge and a jury, for example theft.
3. Indictable offences: Most serious offences that can only be tried in the Crown Court, for example, murder. The 1st preliminary hearing will be in the Mag Court, who then pass the case to the Crown Court for trial and sentencing.

Question 2

Structure of Criminal Courts starting fromt the court of first instance (Mag Court)

Answer 2

1st appeal court:
Crown court- against conviction or sentence
High Court (QBD)- By way of case stated on a point of law

Final appeal:
CofA (Crim Div) and then to the SC

Question 3

Structure of Criminal Courts starting from the court of first instance (Crown Court)

Answer 3

1st appeal court:
CofA (Crim Div)

Final appeal:
SC

Question 4

Background info of Mag Courts

Answer 4

Approx. 280 courts in England and Wales.

Local courts, each area in UK will have at least 1, and big cities will have more than 1.

All criminal cases start their journey in this court.

Cases heard by:
2-3 magistrates (a chairman and 2 wingmen)
a district judge
legally qualified clerk to assist magistrates.

Question 5

Cases dealt with in the Mag Court

Answer 5

In criminal cases they try all summary cases and any triable-either-way offences in which magistrates are prepared to accept jurisdictioin and where D agrees to summary trial- 97% of all criminal cases (approx. 1.5 mill)

They also deal with other things:
preliminary hearings for triable-either-way offences.
1st preliminary hearings for all indictable offences.
all side matters connected to criminal case, such as arrest warrants and bail applications.
try cases in the Youth Court where D is 10-17 inclusive.

Question 6

Appeals from the MG Court

Answer 6

Appeals to the Crown Court:
Normal route of appeal- D can use
If D pleaded guilty, they can only appeal against sentence
If D pleaded not guilty and was convicted the appeal can be against conviction and/or sentence.
In both cases D has automatic right to appeal and does not need to get leave to appeal.

Question 7

What happens when a MG Court case is appealed to the Crown Court?

Answer 7

AT CC case is reheard by a judge and 2 magistrates.

They can come to the = decision as the magistrates and confirm the conviction or they acn decide that the case is not proved and reverse the decision.
Can also vary the decision and find D guilty of a lesser offence.

Where appeal is against sentence, CC can confirm it, increase or decrease it.
Increase only up to the magistrates’ max. powers for the case.
If a point of law is to be decided, CC can decide that point of law but D can decide to appeal to the Administrative Court (QBD of the High Court).

Question 8

What happens when a MG court case is appealed to the Administrative Court of the QBD of the High Court?

Answer 8

Appeals on a point of law.

Both prosecution and defence can use this.

Appeal can be made direct from the MG court or following an appeal to the Crown Court.

Magistrates/Crown Court are asked to state the case by setting out their decision and finding of facts.

Appeal is then argued on the basis of what the law is on those facts- no witnesses are called.

Although appeal is to Administrative Court, case can be heard by 2 High Court judges- QBD Court

Decision can be confirmed, varied or reversed or the case can be sent back to Magistrates Court for the magistrates to implement the decision on the law.

Question 9

What happens when a MG court case is appealed to the SC?

Answer 9

From QBD there can be a further appeal if:
Divisional court certifies that a point of law of general public importance is involved and
Divisional court and SC give permission to appeal bc the point is one which ought to be considered by the SC

Question 10

Background information to crown courts

Answer 10

Currently sits in about 90 different centres throughout England and Wales.

Each year it deals with about 80,000 cases. They deal with:
Triable-either-way offences, where D has elected to be tried at the CC, or where the magistrates have decided the case is too serious for them- out of their jurisdiction
All indictable offences
Appeals from the magistrates court

Cases heard by a judge

Question 11

What happens when a MG court case is appealed to the SC?

Answer 11

From QBD decision can be further appeled if:
Divisional court certifies that a point of law of general public importance is involved and
Divisional court and SC give permission to appeal bc the point is one which ought to be considered by the SC.

Question 12

Background info to Crown Coourt

Answer 12

CC currently sits in about 90 different centres in England and Wales.

Each year CC deals with about 80,000 cases. They deal with:
Triable-either-way offences, where D has elected to be tried at the CC, or where the Magistrates have decided the case is too serious for them- out of their jurisdiction.
All indictable offences
Appeals from the Magistrates Court.

Cases heard by a judge and jury of 12. Judge decided on the point of law, if D is found guilty, the sentence. Jury decides on the facts of the case and whether D is guilty or not.

For appeals to CC from the Magistrates Court, the case is heard by a judge sitting with 2 lay magistrates.

Question 13

Appeals from the CC by D

Answer 13

D can appeal against conviction or sentence to the CofA (Crim Div).
At the end of trial, lawyer of D should advise them on whether there should be an appeal.

Question 14

Leave to appeal in CC, what is it?

Answer 14

In all cases D must get it from the Court of Appeal or a certificate that the case is fit to appeal from the trial judge.
This filters out any cases without merit and saves the court valuable time.

Application for leave considered by a single judge of the CofA in private, although if they refuse it is possible to apply to a full CofA for leave.

Question 15

What are the grounds for appeal from the Crown Court to the Court of Appeal?

Answer 15

The criminal appeal act 9095 simplified the ground under which the court can allow an appeal stating:

 - they shall allow an appeal against conviction if they think that the conviction is unsafe and shall dismiss such an appeal in any other case. The CofA can:
       - allow an appeal and quash the conviction
       - vary the conviction to a lesser offence which the jury could have convicted D off- murder to manslaughter.
       - if appeal is against sentence court can decrease it but not increase it
       - Order a retrial in front of a new jury (Only used in 50/60 cases a year)
       - Dismiss the appeal

Question 16

Appeals from the Crown Court by the prosecution

Answer 16

Originally the prosecution had no grounds to appeal against either verdict or sentence. They now have some limited rights

Question 17

What are the four types of appeal from the prosecution to the court of appeal?

Answer 17

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

Question 18

Appeal by the prosecution against the judge’s ruling

Answer 18

If trial judge gives a ruling on a point of law which stops the case against D, prosecution can now appeal against that ruling

Question 19

What are the two situations in which the prosecution can appeal against an acquittal by a jury?

Answer 19

1. When acquittal was a result of the jury being nobbled (if there has been a conviction for jury nobbling -being bribed or threatened by associates of D- Court of Appeal can order a real trial).
2. Double jeopardy. When there is new and compelling evidence of DC guilt and it’s in the public interest for D to be retried
   only available for some 30 serious offences including murder manslaughter rape and terrorism
   it’s called double jeopardy because D is being tried twice for the same offence
   The director of public prosecutions has to consent the reopening of the investigations in the case

if evidence is found the prosecution have to apply to the court of appeal for the acquittal to be quashed

this power has been used in cases where new techniques of DNA testing now show that at D who was acquitted was in fact the offender

Question 20

Appeal by the prosecution referring a point of law

Answer 20

Were the judge may have made an error in explaining the law to the jury the prosecution have the right to refer a point of law to the Court of Appeal if D is acquitted.

the decision of the Court of Appeal on that point does not affect the acquittal but it creates a precedent for any future cases involving the same point of law

Question 21

Appeal by the prosecution against sentence

Answer 21

Were the judge has given an unduly lenient sentence the prosecution can ask for the Court of Appeal for re-sentencing
about 120 cases are referred for re-sentencing every year and the sentence is increased in about 80% of the cases

Most cases increased one or two more years however there are some cases in which greater increases are made
Examples of such increases include D who was given 3.5 years sentence for two counts of rape having the sentence increased to 11 years

Question 22

What happens when a Crown Court case is appealed to the Supreme Court?

Answer 22

Both the prosecution and the defence may appeal from the court of appeal to the Supreme Court

it is necessary to:

1. have the case certified as involving a point of law of general public importance and
2. to get permission to appeal either from the Supreme Court or the Court of Appeal

only a few criminal appeals go to the Supreme Court each year