Criminal Court Hierarchy

Question 1

Criminal Court administration

Answer 1

1. Ministry of Justice agencies : 33. The main one is His Majesty’s Courts and Tribunal Service: responsible for courts and tribunals in England and Wales
2. Supreme Court: independent administrative status. A senior justice as President, a civil servant as Chief Executive

Question 2

Prosecution

Answer 2

1. Conduct by Crown Prosecution Service or can do privately, or some organisations such as Health and Safety Executves to prosecute for work place incidents, Royal Society for Prevention of Cruelty to Animals to prosecute in the interests of animals.
2. Prosecution commence in 2 ways:
   a. defendant summonsed to court: typical for motoring offense
   b. CPS charge a defendant following arrest of suspect and questioning at police station
3. Defendant then will appear at magistrates : in the court local to the police and defendant

Question 3

Three categories of offence

Answer 3

1. Offences triable only summarily: minor matters must be tried by magistrates (minor assaults and motoring infringements)
2. Offences triable either way: more serious may be tried either by magistrates or at Crown Court before a judge and jury (e.g. possession of drugs, theft, burglary)
3. Offences triable only on indictment: most serious and must be tried by Crown Court (e.g. robbery, rape and murder). Venue usually be local with defendant however if the crime generated publicity, trial venue will be outside the immediate locality to be more objective pool of jurors and calmer environmental for the trial.

Question 4

Right of appeal

Answer 4

1. There is presumption that there should be greater opportunity for defendant to have a second chance to establish their innocence
2. Entitlement of prosecution to appeal is restricted. The prosecution can appeal on a point of law.

Question 5

Appeal from Magistrates

Answer 5

1. A convicted can appeal against** conviction or sentence or both**. Appeal is to Crown Court, automatic right no leave required. Summary matter can hardly appealed futher. Appellant should file notice 21 days of verdict.
   a. Appeal against conviction on points of law or fact (only if defendant pleaded not guilty at his trial
   b. Appeal against sentence: rehearing before a judge and 2 magistrates
2. Both prosecution and defence can appeal on a point of law: in the basis of an error of law, a ruling in excess of jurisdiction or insufficient evidence. Appeal is to Administrative (Divisional Court) of KBD of High Court (not Crown Court). Application must be made within 21 days to magistrates, if magistrates refuses. defendants can apply to High Court for a mandatory order requiring the case to be stated. In a case stated, two judges will review the matter. Appeal can be made further to Supreme Court
3. Appeal to Supreme Court: either side may appeal on points of law. High Court must certify point of law and general public importance. AND either Supreme Court or High Court must grant leave to appeal.

Question 6

Appeal from the Crown Court

Answer 6

1. Appeal by defendant from Crown Court to Court of Appeal Criminal Division. Leave to appeal is required either from trial judge or Court of Appeal
2. Appelant should show solid grounds, to establish that conviction was unsafe, typical examples:
   - error of law
   - material irregularity
   - obtaining fresh evidence that was not available or not relied on at trial.
3. Defendant can appeal against sentence if the sentence is manifestly excessive or court imposed a sentence it has no power to make.
4. Both prosecution and defence can appeal by way of case stated to KBD Administrative Court.
5. Attorney General may refer a point of law to the Court of Appeal on behalf of prosecution following acquittal (phong thich) purely serving to clarify the law for future reference. Attorney General can also request Court of Appeal review unduly lenient (de dai) sentence, Court of Appeal can replace a sentence that it considers appropriate.
6. Either side may appeal to Supreme Court on points of law only. Court of Appeal must certify point of law of general public importance, and Court of Appeal or Supreme Court must grant the appeal.

Question 7

Appeal to Supreme Court

Answer 7

1. Appeals made from Court of Appeal or Administrative Court.
2. Appellant has 28 days to request permission from the court in question or failing that, Supreme Court. either defendant or prosecutor can appeal.
3. There must be exceptional case of general public importance and the one that ought to be considered by appeal. Select few appeals do not require such: application for habeas corpus, appeals relating to declarations of incompatibility under Human Right Acts 98, certain instances governing contempt of court

Question 8

Appeal to Privy Council

Answer 8

1. Privy Council is the court of last resort for criminal appeal from Commonwealth countries.
2. Unusual for lower courts to grant leave unless the cases raise questions of great and general importance, or there has been some grave violations of principles of natural justice
3. If lower courts refuse, appelant can apply to Privy Council itself within 56 days