crim courts 8 markers Flashcards
what are the 11 possible 8 markers on criminal courts and procedures?
-‘explain the pre-trial procedure for summary offences’
-‘explain the pre-trial procedure for triable either way offences’
-‘explain the pre-trial procedure for indictable offences’
-‘explain the pre-trial procedures for each category of offence’
-‘explain the jurisdiction of the mags court’
-‘explain the jurisdiction of the crown court’
-‘explain the ways a defendant can appeal a crim case’
-‘explain the ways the prosecution can appeal a crim case’
-‘explain how appeals can be made from the mags court’
-‘explain how appeals can be made from the crown court’
-‘explain what is meant by a case stated appeal’
explain the pre-trial procedure for summary offences
-there is an initial hearing in the magistrates court, then if d pleads guilty, the magistrates will sentence d
-if d then pleads not guilty, the magistrates will then set a date for trial
explain the pre-trial procedure for triable either way offences
-there is an initial hearing at the magistrates court which is known as a plea before venue hearing
-if the d pleads guilty, then the magistrates will sentence d, however if d pleads not guilty then there is a mode of trial hearing
-in the mode of trial hearing mags decide whether or not they want to hear it and whether d wants them to hear it, and then a date is set for trial
explain the pre-trial procedure for indictable offences
-there is an initial hearing at the magistrates court, which is known as a early administrative hearing, where magistrates see whether or not there is legal aid and consider bail
-there is then a plea, and trial preparation hearing in the crown court
-if the d pleads guilty, then a judge will sentence d, however if d pleads not guilty then a date for a full trial will be set and the prosecution and defence will go through a ‘disclosure’
explain the pre-trial procedures for each category of offence
same as above
explain the jurisdiction of the mags court
-they can hear initial hearings, as sentence d if pleads guilty in triable either way and summary offences
-they can consider bail and legal aid in indictable offences
-they can set a date for trial if d pleads not guilty
explain the jurisdiction of the crown court
-they hear plea and trial preparation hearings
-they can sentence d if d pleads guilty
-if d pleads not guilty, then they will set a date for full trials and the prosecution will go through a disclosure
explain the ways a defendant can appeal a crim case
-d can appeal against either his conviction, or his sentence in the mags court
-if he appeals against his conviction, the mags can either;
.uphold it
.quash it
.vary it
-if d appeals against his sentence, they can;
.uphold it
.decrease it
.increase it (up to 6 months)
-d has to be granted leave, but once he has, d can also appeal his conviction (R v George) or sentence (R v Herbert, R v Philpott) in the crown court
-for conviction, they can either;
.uphold it
.quash it or order a retrial
.vary it
-for sentence, they can either;
.uphold it
.decrease it
.but they CANNOT increase it
explain the ways the prosecution can appeal a crim case
-there are 2 ways in which the prosecution can appeal a case. These fall under appeals against acquittal
-these 2 ways are;
.due to dury nobbling - which can include a jury member being bribed or threatened - R v Young
.new&compelling evidence - according to the The Criminal Justice Act 2003 - R v Dobson
-additionally, the prosecution can appeal against an ‘unduly lenient’ sentence, meaning they can ask for the sentence to be increased, as seen in R v Yates and R v Sands
explain what is meant by a case stated appeal
- a case stated appeal is where the appellant claims that the mags or judges got the law wrong
-this can move from the mags/crown court to the kings bench divisional court
-further appeal can be made to the supreme court if the point of law is of general public importance
-Platt v Isle of Wight Council
