Courts and Tribunals Flashcards
The prosecution is generally brought in the name of…
The crown
What is the immediate objective of criminal law?
To punish people who have committed offences against society
Wider sense- establish standards of behaviour for peaceful productive society
What is the standard of proof for criminal law?
Beyond reasonable doubt
Who bears the burden of proof in criminal proceedings?
Prosecution
Who initiates criminal proceedings?
Crown Prosecution Services
Also government agencies/local government
Who can be a defendant to criminal proceedings?
Individuals or legal persons
What happens if a defendant pleads not guilty?
The case goes to trial, verdict, sentencing
When can a defendant not appeal a conviction?
If they have pleaded guilty (but they can vacate their plea)
What is the maximum sentence magistrates can give?
Unlimited fine
6 months prison/
12 months for 2 or more either way
What cases can the magistrates hear?
Summary
Either way
Some civil jurisdiction
What cases can the crown court hear?
Indictable
Either way transferred from magistrates
All crown court trials involve a…
Jury
Who administers the crown court?
HM Courts and Tribunals service
Does the magistrates court create precedent?
No but it is bound by administrative court, CoA and SC
Can a convicted defendant appeal from magistrates court?
Yes against sentence, conviction or both
What does de novo mean and when does it apply?
When a defendant appeals a conviction - heard with all evidence/witnesses examined again
Who sits in an appeal trial at the crown court?
CC judge and two magistrates
What is an appeal by way of case stated?
An appeal on magistrates’ decision being legally flawed to the administrative court
What can a defendant convicted/sentenced at Crown Court appeal against?
Conviction/sentence/both
When can the prosecution appeal to the CoA after conviction at CC?
- Quashing the acquittal of anyone found not guilty of a serious offence
- Attorney General (limited circumstances) against unduly lenient sentence
Is there an automatic right of appeal from the CC?
No, must apply on paper for permission from CoA (criminal division)
How can the CoA quash a criminal conviction of the CC?
If satisfied that the conviction is unsafe.
Oral argument from counsel for both sides
Evidence not heard again
What are the key grounds for appealing sentences made by the CC?
- Not justified by law
- Based on incorrect version of the evidence
- Judge took irrelevant matters into account
- Judge misapplied/failed to give sufficient weight to sentencing guidelines
When will SC hear an appeal?
If its certified as a point of law of general public importance
