Courts Flashcards
which court will a summary offence be heard in?
magistrates
what court will a triable either way offence be heard in
mags or crown
what court will an indictable case be heard in?
crown
for summary offences who decides verdict and who sentences D
3 mags do both
for indictable offences who decides verdict and who sentences D
jury decides verdict and judge sentences
for triable either way offences who decides verdict and who sentences D
3 mags and jury decide verdict and 3 mags or judge sentences
for the procedure for summary offences wheres the initial hearing?
mag court
for the procedure for summary offences who is d’s indentity confirmed by
the clerk
for the procedure for summary offences after d’s indentity has been checked what does d enter
a plea
for the procedure for summary offences if d pleads guilty what will happen
there will be a sentencing hearing
whats a sentencing hearing
involves a brief statement of facts from the prosecution as well as statements the defendent wishes to make
for the procedure for summary offences who announces D’s sentenece
mags
for the procedure for summary offences if d pleads not guilty what do the mags do
discover issues involved with the case, decide on bail and set a date for trial
for the procedure for triable offences wheres the initial hearing
mags
for the procedure for triable offences what is the initial hearing called
plea before venue hearing
for the procedure for triable offences whose the defendents identitiy confirmed by
the clerk
for the procedure for triable offences if D pleads guilty what will happen
a sentencing hearing which involves statements from prosecution and D
for the procedure for triable offences who announces D’s sentence
the mags or they can request a hearing at the crown court if they cannot give a harsh enough sentence
for the procedure for triable offences if d pleads not guilty the mags preform a mode of trial hearing to…..
decide where a case will be tried and mode of trial procedure takes place
for the procedure for triable offences the mode of trial hearing consists of two parts … what are the two
- mags must decide if the case is suitable for a mag court trial
- whether they are prepared to accept jurisdiction
for the procedure for triable offences what two factors do mags consider when deciding the mode of trial hearing
nature and seriousness of the offence, their powers of punishment and any reprentation of prosecution and defence
for the procedure for triable offences if mags cant handle the case where does the case go
crown court
for the procedure for triable offences if mags can handle the case then D…
decides which court to have his trial in
for the procedure for triable offences if d chooses to have his hearing in the mags court then….
mags discover issues involved then set a date for trial
for the procedure for triable offences if d chooses to have his hearing in the crown court then…
pre trial matters will be handled by cc
for the procedure of indictable offences the initial hearing at the mags court is called what
early administrative hearing
for the procedure of indictable offences, d’s intendity is confirmed by who
clerk
for the procedure of indictable offences, what do the mags decide on at the hearing
bail and legal aid
for the procedure of indictable offences, there is a plea and trial prep hearing in what court
crown
for the procedure of indictable offences if d pleads guilty then..
hes sentenced by a judge
for the procedure of indictable offences if d pleads not guilty , what are the four things that happen
1.the relevent issues will be discovered
2. a date will be set for trial
3. a timetable for pre trial prep will be made
4. further case management hearing takes place
for the procedure of indictable offences, in the crown court both the prosecution and defence go through ‘disclosure’ what does this mean
the prosecution must set out all the evidence they propose at the trial and any previous undisclosed material
4 things must be included
for the procedure of indictable offences, D must give a written statement to prosecution. What does this include
- nature of the defence being raised
- any facts in dispute
- any points of law being raised
- any alibi or witnesses to support
the crown court handles less than …. of criminal cases in the uk. Whats the missing percentage?
3%
whats the two main things against which the defendent can appeal?
- appeal against conviction
- appeal against sentence
what court handles appeals from the mags court
crown
(mags court) for appeals against conviction, who in this court hears this type
1 judge and 2 mags
3 things
( mags court)for appeals against conviction, what can the judge and mags do to d’s conviction
- uphold it
- quash it
- vary it (can only change conviction going down)
( mags court) for appeals against sentence, who in the court hears this type
1 judge 2 mags
3 things
( mags court) for appeals against sentence, what can the judge and mags do to d’s sentence
- uphold it
- decrease it
- increase it
( mags court) for appeals against sentence, how is it limited when increasing the sentence
sentence can only be increased to mags max sentencing powers ( 6 months)
who can only make case stated appeals
prosecution
in order to appeal from the crown court, d must apply for and be granted what?
leave to appeal
what does leave to appeal mean
to be given permission by a single judge in the court of appeal
which court hears appeals by the crown court
court of appeal
(crown court) who hears appeals against conviction
3 judges (Lord justices of appeal)
3 things
(crown court) what can the court of appeal do to D’s conviction
- uphold
- quahs and order a re trial
- vary
case example for crown court appeals against conviction
r v george
(crown court) who hears appeals against sentences
3 judges (lord justices of appeal)
2 things
(crown court) what can the COA do to D’s sentence
- uphold
- decrease
(crown court) what can the COA not do to D’s sentence
increase it
case examples for the crown court appeals against sentences
r v herbert
r v philpot
r v george
what crime was barry george originally convicted of
murder
on barry georges first trial what verdict did the jury reach
guilty by majority
at barry georges retrial who did the jury believe and what verdict did they reach
defence, not guilty
what court quashed barry georges conviction for murder
COA
which court originally convicted george of murder
crown
(r v herbert) which court heard d’s appeal
COA
what did the COA do to R v herberts sentence
reduced it by 9 months
why did the court in R v herbert reduce his sentence
the sentencing at the crown court didnt give enough allowance for his guilty plea
(r v phillpot) what sentence was D given
17 years for manslaughter
what did the COA do to philpots sentence
upheld it, the crown court gave the right sentence
appeals against acquitall are done for what two reasons
jury nobbling and new and compelling evidence
whats jury nobbling
if d is accquitted due to a juror being bribed, the prosecution can appeal asking for acquittal to be quahsed and d to be re tried
what does new and compelling evidence mean in relation to appeals against acquittal
prosecution can appeal and ask the COA to quash D’s acquittal so that D can be retried
what act links to d being re tried
criminal justice act 2003
whats an appeal against an unduly lenient sentence
prosecution can ask the attorney general to refer a case to the COA for D’s sentence to be increased
for case stated appeals who can appeal decisions
the prosecution and defence
what is the appellant claiming in case stated appeals
on a point of a law (law has been misapplied)
what court hears case stated appeals
KBD
2 or 3 high corut judges
from which court are case stated appeals made from
mags or crown
4 things
what powers does the KBD have when hearing case stated appeals
confirm
reverse
vary
remit
case stated appeals
if a party doesnt agree with the decision made by the KDB who is left to appeal
supreme court
what is needed for the supreme court to make an appeal
if a point of law if of general public importance
case example for supreme court making a decision on case stated appeals
platt v isle of white
KBD confirmed
Supreme- reversed and remit case to mags
explain Brinks-Mat case
the acquittal was not necessarily valid and a re-trial is needed.
Robbery case due to the large amount of money potentially leading to bribery.
R v Dunlop explain it
a re-trial with this new evidence in some of the more serious offences. The defendant (D) was acquitted and then later confessed to the murder. He was then re-tried with the new evidence as his original acquittal was quashed.
R v Yates, explain it
if they feel the original court did not give a harsh enough sentence considering the evidence.
The court increased D’s sentence for five years as they had not considered the seriousness of providing the murder weapon (a gun
explain r v george
for convictions CoA have the same powers as the crown court, but they can also order a re-trial if they quash an unsafe conviction
explain r v phillpot
For sentencing, they can uphold it
explain r v herbert
decrease the sentence
R v Dobson and Norris explain it
there can be a re-trial with this new evidence in some of the more serious offences.
the defendants were acquitted, but subsequently, DNA evidence was found which tied them to the murder of Stephen Lawrence. they were then re-tried with the new evidence and convicted.
