Courts and tribunals system Flashcards
What is the immediate objective of criminal law?
To punish people who have committed an offence and establish standards for a productive and peaceful society.
What name is prosecution normally brought in?
In the name of the Crown (`R’ for Rex - the King).
What is the standard and burden of proof in criminal cases?
Beyond reasonable doubt and must be proved by the prosecution.
What wording will the judge use to the jury to explain the standard of proof?
Satisfied so you are sure.
What is the body that initiates criminal proceedings?
CPS.
Can prosecutions be brought by governmental agencies and at local government level?
Yes, prosecutions can be started by governmental agencies such as the Environment Agency.
Can also be started at a local government level, for example minor environmental offences such as fly tipping.
Once a defendant has pleaded guilty how are they treated?
They are treated as being convicted of their offence, and cannot appeal that conviction.
They can appeal to “vacate” their plea if they change their mind.
What percentage of cases will end in the Magistrates court?
95%
What cases does the Mags court try?
All summary offences and some TEW.
What is the Mags sentencing power?
Has the power to impose an unlimited fine and/or a maximum prison sentence of 6 months for a single offence.
Does the Mags court create precedent and who is it bound by?
It does not create precedent and is bound by the Administrative Court, CoA and SC.
What offences does the Crown Court hear?
Indictable only and TEW.
Who is the CC administered by?
Executive agency of the Ministry of Justice, the HM Courts and Tribunals Service.
How many locations does the CC sit in and what is the most well-known?
Approximately 80 locations and the most well-known is the Old Bailey.
Can a D convicted in the Mags appeal against their sentence and conviction?
Yes they can, however, they run the risk that their sentence could be increased (but only within the parameters of the maximum sentence that could be imposed by the lower court).
If a defendant convicted in the Mags court appeals against their conviction, how will the trial be heard?
De novo. This means it will take place a fresh with all witnesses being heard again. The trial will take place in front of a CC judge flanked by two magistrates.
Can either the defence or prosecution appeal a case from the Mags court?
Yes, if they consider the decision was legally flawed, they may appeal to the Administrative Court by way of case stated.
Do you need permission to appeal from the CC to the CoA?
Yes, can appeal conviction or sentence.
Can the prosecution apply to CoA to appeal sentence or conviction in CC?
Yes, they may apply to the CoA for an order quashing acquittal or in some limited circumstances, appeal against an unduly lenient sentence.
What are the grounds for appeal against conviction from CC to CoA?
*No automatic right to appeal from CC to CoA, appellant has to apply on paper.
*The permission decision is made by a single Judge.
*If permission is refused, that decision may be appealed.
*The CoA will quash a conviction if it is satisfied that the conviction is “unsafe”.
*The court will hear oral argument from counsel for both sides, but evidence will not be heard again.
What are the grounds for appeal against sentence from CC to CoA?
Permission to appeal is required.
Grounds are:
*The sentence is not justified by law (judge made an error in sentencing)
*Sentence was based on incorrect version of evidence
*Judge took into account irrelevant matters when sentencing.
*Judge misapplied or failed to give sufficient weight to sentencing guidelines.
Can either the defendant or prosecution appeal from CoA to SC?
Yes.
What cases will the SC hear?
Only cases on a “point of law of general public importance”.
What is the final appeal court for UK overseas territories and Crown dependencies?
The Judicial Committee of the Privy Council.
