Courts And Appeals 1A Flashcards
What are the two Criminal courts of first instance?
Magistrates- less serious
Crown- more serious
Where are summary offences heard?
Give some examples.
Magistrates court
Assault
Battery
Speeding
Where are triable either way offences heard? Give some examples.
Magistrates or crown court
S47 - ABH
S20 - Wounding and GBH
Theft
Where are indictable offences heard? Give some examples.
Crown court
S18 - Wounding and GBH
Murder
Who decides the verdict and sentencing in the magistrate’s court?
The three magistrates.
Who decides the verdict in crown court?
Jury
Who decides the sentencing in crown court?
Judge
Where will this case be heard?
Denis charged with theft of £100,000 from employer.
As it is triable either way, it could be mags or crown. However, the amount that has been stolen is significant therefore it will most likely go to the crown court.
Where will this case be heard?
Dippy forgetting to renew his MOT.
Magistrates court because it is a low level crime.
What are the first two steps in the procedure for summary offences?
1) There will be a hearing at the mags court.
2) D’s identity will be confirmed by the clerk and D will enter a plea.
What are the 3rd and 4th steps when D pleads guilty of a summary offence.
3) There will immediately be a sentencing hearing.
4) The mags will then announce their sentence.
What are the 3rd and 4th steps when D pleads not guilty of a summary offence?
3) The mags will try to discover the issues.
4) They will decide on bail, then set a date for trial.
What are the first two steps in all triable either way cases?
1) There will be an initial hearing at the mags (called a plea before venue hearing)
2) D’s identity will be confirmed by the clerk then D will enter a plea.
What are the 3rd and 4th steps in triable either way offences if D pleads GUILTY?
3) There will immediately be a sentencing hearing.
4) The magistrates will announce their sentence.
OR if they feel they can’t give a harsh enough sentence they will request a hearing in the crown court.
What are the 3rd and 4th steps in triable either way cases if D pleads NOT GUILTY?
3) the mags perform a mode of trial hearing to decide where a case will be heard.
4) The mags decide if the case is suitable for a mags trial, whether they are prepared to accept jurisdiction, the nature and seriousness of the offence, and any representation of the prosecution and defence.
What is the 5th step in triable either way cases if the mags feel they can’t handle the case?
It goes to crown
What is the 5th step in triable either way cases if the mags think they can handle the case?
D decides which court to have his trial in.
What is the 6th step in triable either way cases if the D picks the mags court?
The mags will try to discover the issues and set a date for trial.
What is the 6th step in triable either way cases if the D picks crown court?
Pre-trial matters are handled by the crown court.
What happens in a sentencing hearing?
A brief statement of facts from the prosecution, as well as any statements D wishes to make are presented to the court.
What does jurisdiction mean?
The power to make legal decisions and judgements.
What are the first two steps in indictable cases?
1) Initial hearing at mags (called Early Administrative Hearing)
2) D identity confirmed by clerk and mags decide on bail and legal aid.
What is the third step in indictable cases?
There is a plea and trial preparation hearing in crown court. D will enter a plea.
What is the 4th step in indictable cases if D pleads GUILTY?
He is sentenced by the judge.
What is the 4th step in indictable cases if D pleads NOT GUILTY?
Issues will be discovered and date set for trial. Timetable for pre-trial prep made, and if needed a Further Case Management Hearing can take place.
What is step 5 in indictable cases if D pleads NOT GUILTY?
Both the prosecution and defence give their disclosures.
Prosecution must set out all evidence they propose at the trial and any previously undisclosed material.
What is the 6th step in indictable cases when D pleads NOT GUILTY?
The defence must give a written statement to the prosecution that includes:
The nature of the accused’s defence, including any legal defences intended to be relied on.
Any matters of fact on which issue is taken with the prosecution.
Any point of law to be argued, and the case authority in support.
Any alibi and the witnesses to support that alibi - this information allows the prosecution to run police checks on the alibi witnesses.
What right does the defendant have after being convicted?
The automatic right to appeal
Where do all the appeals from the magistrates court go?
The crown court
What are the two main things a defendant can appeal?
Conviction
Sentence
Who hears the appeals in the crown court?
1 judge and 2 magistrates
What can the crown court do to Ds conviction?
Uphold
Quash
Vary it (only down)
What can the crown court do to Ds sentence?
Uphold
Decrease
Increase within limit
What is the crown court limited to when increasing a sentence?
The mags court power of sentencing - 6 months
Where do all appeals from the crown court go?
To the appeals court
In order to appeal from the crown court, what must D be granted? And from who?
Leave
Which means they are able to attend court in order to appeal their case
1 judge can approve leave
Who hears appeals in the appeals court?
3 judges (lord justices of appeal)
What can the appeals court do to Ds conviction? Give a case example.
Uphold
Quash
Or vary
However if they believe it is unsafe to quash the conviction they can order a retrial
Rv George
What can the appeals court do to Ds sentence? Give some case examples.
Uphold
Decrease
But Cannot increase
Rv Herbert, Rv Philpott
What happened in R v George?
Convicted of murder at crown
Guilty by majority
First appeal
Conviction upheld
Second appeal
Heard at Court of Appeal
Conviction quashed
Retrial ordered
Defence believed at retrial
Found not guilty
What happened in R v Herbert
Convicted of murder at crown
Appealed at CoA
Sentence reduced by 9 months
Due to the guilty plea not having an impact at first trial (it should).
What happened in R v Philpott?
17 years for manslaughter
Appeal at CoA
Upheld conviction and sentence
What can the prosecution appeal against?
Acquittal
Due to: ‘jury nobbling’ or new and compelling evidence
An unduly lenient sentence
Explain jury nobbling.
If D is acquitted due to a juror being bribed or threatened.
What happens when the prosecution appeal against acquittal due to jury nobbling?
They can ask for the acquittal to be quashed and for D to be retried.
What happens when the prosecution appeal against acquittal due to new and compelling evidence?
The CoA can quash the acquittal so that D is retried. This only applies to some of the more serious offences such as murder.
What happens when the prosecution appeal against an unduly lenient sentence?
The prosecution can ask the attorney general to refer a case to the CoA for D’s sentence to be increased if it is found to be unduly lenient. The CoA can increase to max amount for the particular crime.
Who can make Case Stated Appeals?
Prosecution or defence
What is the appellant claiming in cases stated appeals?
That a point of law has been misapplied or misinterpreted.
Which court hears the case stated appeals?
The King’s Bench Divisional Court.
From which courts can case stated appeals be made?
Both magistrates and crown
What can the KBD do in a case stated appeal?
Confirm
Reverse - retrial
Vary - Change PoL or outcome
Remit
If PoL is changed there will be a retrial in the original court with the new PoL
Who is next to appeal to after the KBD?
The supreme court
What is needed to make an appeal to the supreme court?
The point of law has to be one that is of ‘general public importance’.
When will D be given leave for an appeal to the supreme court?
Only in exceptional circumstances
Give a case example of an appeal that has gone through the courts to the supreme.
Platt v Isle of White
Explanation:
Mags said no fine
KBD said no fine
Supreme said fine
Remit to mags.
