Chapter 8-criminal cases and courts Flashcards
Which are the 2 courts that hear trials of criminal cases
-Magistrate court
-crown court
what is jurisdiction
The official power to make legal decisions and judgements
Describe magistrate courts
-these were established as local courts,
-they mainly deal with cases in that geographical area
-cases are heard by magistrates
what are the jurisdictions of magistrate courts
1-try all summary cases
2-deal with first hearing of indictable cases
3-try triable-either-way cases
4- try cases in the Youth court
5-deal with all preliminary matters connected to criminal cases e.g deciding bail
State the type of cases heard in the crown court
These are usually Indictable cases or Triable-either-way cases
What are the roles of a judge in the crown court
-If plead guilty, one judge will be present
-If plead not guilty, a jury shall be chosen
-judge shall control the rules on relevant issues of law
-direct the jury on the law and evidence
-can impose a sentence
describe Summary offences
-least serious criminal offences
-they range in level
level 1-200 pounds
level 5- unlimited
-examples are drunk driving
Describe the Triable-either-way offences `
-more serious criminal offences
-can be heard by either the crown or mag. court depending on the offence.
-if defendant is found guilty, then they can be sent to the crown court for sentencing
-examples are burglary
describe indictable offences
-these are severe offences
-these are always transferred to the crown court however the first trial is held at the mag. court to identify the defendant and the case
-if plead not guilty, a jury should be chosen
-examples of offences are murder
what are sequence of events for a Guilty plea in summary cases
*5 steps
-Outline all facts of the case, with the defendant agreeing
-to view the defendant’s past record of convictions
-any other information (financial status) or other relevant reports (mental health report)
-Mitigation occurs where the defendant gives a speech
-magistrate decides the sentence
What are the sequence of events for a Not guilty plea in summary cases
-Allows both the prosecution and defendant to bring evidence.
-once all the evidence has been given the defence can make a speech, outlining the strengths and weaknesses and persuade the magistrates to side with them
-magistrate decides whether they are guilty or not
-if Guilty, goes through the whole process again
- Not guilty will be released.
what does ‘the burden of proof mean’
this is the job of the prosecution to show that every allegation to the defence is proved.
when can a triable-either-way case be taken to the crown court
When they are found guilty and upon hearing the defendants past record, believe that they do not have the power of punishment to give a harsher sentence, so is sent to the crown court.
what is the name of the act that require indictable cases to the crown court
Crimes and Disorders Act 1990s
what are the aims of the criminal procedure rules
-In order for all criminal cases to be dealt with justly
What are the roles of the PTPH
> >
- Take the defendants plea
- identify the issue for trial
- provide a timetable for the pre- trial and appropriate directions for an effective trial
- Make provision for any further case management hearing
what is an indictment
This is a document that formally sets out the charges against the defendant
what are the advantage of mag. courts
*3
+less chance of publicity
+shorter trial
+case will be held quickly
+greater chance of bail
disadvantages of mag. courts
*3
-greater chance of being found guilty
-less chance of appealing
-less likelihood of legal representation
-less ability to argue a defence
advantages of crown courts
*3
-greater chance of receiving legal aid
-chance of appeal
-greater chance of the prosecution accepting plea to a lower charge
Disadvantages of crown courts
*3
- Lengthy
- greater chance of publicity
- Lower chance of bail before trial
- sentencing powers of judge are greater
What is an appeal
-This is a challenge to a previous legal determination
what is the normal routes of appeals in criminal courts
Magistrate -> Crown court-> Queens Bench division (COA) ->Supreme Court
What are case stated appeals
These are appeals on a point of law that go to the Queens bench division that are either from directly the mag. court or from an appeal by the crown court
what does it mean to leave appeal and state which act it uses
Criminal Appeal Act
-This means that cases without a merit are left out and must leave appeal in order to save on courts Time
what are powers of the COA
> > can decrease a sentence but not increase
can reject an appeal
Can quash the conviction
can order a retrial of the case front of a new jury
When can an appeal by the prosecutors take place
> > That the jurors have been proven to be bribed
There’s new evidence that can easily cause a retrial for the defendant (the Criminal Justice Act)
What is an acquittal
When the prosecution has failed to prove the defendant is guilty beyond reasonable doubt
What are the three appeals that can take place
-Referring a point of law
-Against sentencing
-against conviction
who is contacted when appeals against sentencing are made
-The attorney General
When can cases be taken to the Supreme Court
-due to point of law
-against a conviction or acquittal
what does bail mean
A person is allowed to be at liberty until the next stage of the case.
The different types of conditions in conditional bail include;
> >
- surrendering their passports
- reporting to the police station at different intervals
- staying at a certain address
- having another person stand surety(bodyguard)
- curfew
what does the Bail act state
That any suspect granted bail by the police fails to surrender to the next stage of bail will be arrested and charged.
When can Bail not be granted
-The suspect fails to surrender to custody
-may commit an offence while on bail
-interfere with witnesses or obstruct courses of justice
-protection
-name and address are missing
In deciding whether to grant bail, the court will consider various factors:
>
- nature and seriousness of the offence
- character, past record, and community ties
- past bail record
- strength of evidence against them
Give advantages of bail
.an innocent who is accused does not have to remain in custody
.there is unrestricted access to legal advice
.the conditions given will ensure good behaviour
.can continue living with family and going to work
Give disadvantages of bail
.Can commit more crimes
.public safety can be jeopardised
.may not attend trial
.can interfere with witness or evidence
bail may not be granted to those who have tested positive for class A drugs where:
-The drug may have contributed to the offence
-there is high supply of that drug
-has refused to agree in assessment of the class A drug/.
What is the role of the Criminal case review Commission
-They investigate miscarriages of justice and they refer to cases back in the court.
