CRIMINAL COURT SYSTEM Flashcards
What did the criminal appeal act 1995 do? (3)
simplified the grounds under which the court can allow appeal:
-shall allow appeal against conviction if they think the convictions unsafe
-shall dismiss such appeal in any other case
what is an example where prosecution have appealed a sentence and it was increased by a large amount? (1)
include on defendant whose sentence for two offences of rape increased from 3.5 years to 11 years imprisonment.
what is the jurisdiction of the magistrates court? (6)
-try all summary cases
-try any triable-either way offences (on agreement)
-deal with any preliminary hearings for any triable-either way offence
-deal with any first preliminary hearing of all indictable offences
-deal with all side matters connected to criminal cases
-try all youth cases
what happens if a prosecution appeals referring a point of law? (2)
where a judge may have made an error explaining the law to the jury - this right is given under the s36 of the criminal justice act 1972
what type of judge is in a magistrates court? (3)
heard by magistrates (legally qualified district judge or unqualified lay judges) also a legally qualified clerk attached to the court.
how can the case reach the court of appeal (criminal division)? (2)
at the end of a trial, the defendant will be told by their lawyer if they should appeal, in order to appeal they must get leave to court of appeal or a certificate by the trial judge.
what is an indictable offence? (1)
an offence that has to be tried at crown court.
what are triable-either way offences? (1)
an offence that can be tried in either the magistrates court or crown court.
what are some examples of indictable offences? (4)
-murder
-manslaughter
-rape
-robbery
what judge is in the crown court? (2)
is heard by a judge and a jury of 12.
how does an appeal arrive at the supreme court (criminal division)? (3)
from the decision of the Queens bench divisional court: such an appeal can only be made if;
-the divisional court certifies a point of law and public importance is involved.
-the divisional court or supreme court gives permission to appeal because the point is one which ought to be considered by the supreme court.
what is needed to get a leave of appeal? (1)
application is considered by a single judge on the court of appeal in private.
what happens if there is a point of law to be made in case of appeal in terms of crown court? (2)
the crown court can decide that point of law, but there is a possibility of a further appeal by way of case stated being made to the administrate court - by the prosecution and defence can use this route of appeal.
what are the conditions for appeal at the crown court? (3)
the case is completely reheard by a judge and 2 magistrates. they can come to the same decision and confirm conviction or decide the case is not proved and reverse decision. in some cases they can find the defendant guilty of a lesser offence.
what happens if a prosecution appeals against sentence? (2)
under s36 of the criminal justice act 1988 the attorney-general can apply for leave to refer an unduly lenient sentence to the court of appeal for re-sentencing.
what is meant by a jury being ‘nobbed’? (2)
when one or more jurors are bribed or threatened by associates of the defendant - the criminal procedure and investigations act 1996 allows them to do this.
what are the conditional appeals within the crown court? (2)
if the defendant pleaded not guilty the magistrates court then were convicted then they can appeal against conviction and/or sentence.
if the defendant pleaded guilty at the magistrates court they can only appeal against the sentence.
what happens if a prosecution appeal against acquittal? (2)
are limited by two situations:
-where the acquittal was the result of the jury being ‘nobbed’
-where there is a new and compelling evidence of the acquitted persons guilt and it is in the public interest for the defendant to be retried - given power under the criminal justice act 2003
how would the prosecution use the administrative court to appeal? (1)
the prosecution against an acquittal in situations where they claim the magistrates came to the wrong decision because they made a mistake of law.
when are cases further appealed to the supreme court? (2)
both the prosecution and defence may do this but case has to be certified as involving a point of law of general public importance and to get permission to appeal either from supreme court or court of appeal.
what is a summary offence? (1)
an offence that can only be tried in the magistrates court.
what are some examples of triable-either way offences? (2)
-theft
-assault occasioning actual bodily harm
what are some examples of summary offences? (3)
-driving without insurance
-common assault
-criminal damage under £5,000
what are the classification of offences? (3)
-summary offences
-triable-either way offences
-indictable offences
what do magistrates deal with? (2)
each court deals with cases that have a connection within their geographical area and have jurisdiction on a variety of matters in criminal cases.
what are some examples of ways new and compelling evidence has lead to appeal in acquittal? (2)
new DNA evidence - two defendants in 2011 were convicted of murdering a teenager, Stephen Lawrence was retried and was convicted 19 years after the murder.
what happens if the court of appeal believes the conviction is unsafe? (3)
they can allow the defendants appeal and quash the conviction. alternatively they can vary the conviction to that of a lesser offence, they can also decreases sentences but cannot increase.
what does the judge do in the crown court? (2)
they judge decides the point of law and if the defendant is found guilty they decided the appropriate sentence. The jury decided whether a defendant is guilty or not.
how would a defence use the administrative court to appeal? (1)
used by the defendant to appeal against a conviction.
what comes under ‘side matters’ in terms of criminal cases? (2)
-issuing warrants for arrest
-deciding bail applications
how are magistrates limited in terms of sentencing? (3)
-the maximum prison sentence they can impose is 6 months for one sentence or 12 months for two.
-there is no limit on the fine their implement
-can also implement a range of other sentences such as community orders or a conditional discharge.
what happens if an appeal is against a sentence in the crown court? (2)
The court can confirm the sentence of they can increase/decrease it, can increase can only be up to the magistrates maximum powers for the case.
what are the routes of appeal from the magistrates court? (3)
the route will depend on whether the appeal is only on a point of law;
-to the crown court
-or to the administrative court
what happens if a prosecution appeals against a judge ruling? (3)
if a trial judges gives a ruling on a point of law that effectively stops the case against the defendant, the prosecution can appeal.
-this right is given under the criminal justice act 2003 and makes sure error of law by judge does not lead to acquittal.
