Appels Process from the Mags [Criminal Courts] Flashcards
Summary Offences [Paragraph 1]
Summary offences are the least serious offences and can only be tried at the Magistrates Court. Assault and Battery are examples of a summary offence and under s39 Criminal Justice Act carry a maximum sentence of 6months imprisonment/£5000.
Triable Either Way Offences [Paragraph 2]
Triable Either Way Offences are middle of the road offences that can be tried at either the Magistrates or Crown Court. They include Theft and Actual Bodily Harm. In these instances, D will make a ‘plea before venue’ stating their plea. If it is not guilty, the magistrates will hold a Mode of Trial Hearing, under s19 Magistrates Act 1980, to decide whether they have jurisdiction to try the case or whether it should be transferred to the Crown Court. If they accept, the d can then choose which court the case will be tried in.
Indictable/Intro [Paragraph 3/4]
Indictable offences, such as murder or burglary, are the most serious offences and so are only tried in the Crown Court.
There are various appeal courts where one can attempt to get the decision of a lower court changed by a higher court if they disagree with it.
Crown Court [Paragraph 5]
The defence can appeal from the Magistrates to Crown Court against sentence and/or conviction to a panel of a Circuit Judge and 2 magistrates. This is when the D disagrees with the guilty verdict or believes the sentence is too harsh. If the D pleaded guilty initially, they can only appeal against sentence. At the Crown Court, the appeal is completely reheard by a district judge and 2 magistrates who will confirm the original decision, reverse or vary it. If the appeal is against sentence, then it could be increased [to the magistrates maximum powers] or decreased.
Queen’s Bench Division [Paragraph 6]
In some cases, it is possible to appeal to the Queen’s Bench Division (QBD) of the High Court on a point of law [because it is believed the magistrates made an error on the law]. Both the prosecution and defence can appeal to the QBD on a point of law by case stated to a panel of 2 or 3 High Court Judges. The magistrates will state how and why they came to their decision and then the prosecution and defence will state the law on the issue. The judges will either confirm, vary, reverse or remit the decision [when the case is sent back to the Magistrates Court to ask them to implement the decision].
Supreme Court [Paragraph 7]
Further Appeals to the Supreme Court are very limited as they can only be made if the Divisional Court certifies that a point of law of general public importance is involved and if leave of appeal is granted, by the Divisional or Supreme Court, as the point of law is one that ought to be tried in the Supreme Court.
