Criminal Courts Flashcards
Summary offence & pre trial procedure
Summary offences: least serious
Eg. Assault/battery
Enter plea at preliminary hearing in mags
Guilty:
- immediately sentenced @ mags up to 6 months
- if larger sentence needed can send case to crown court
Not Guilty:
- mags decide bail/remand
- date set mags trial (3 mags)
- if D found guilty, sentenced same way as shown above
Triable either way offence & pre trial procedure
Triable either way:
Eg. S47 ABH, theft
Enter plea at mags ‘plea before venue hearing’
Guilty:
Same process as summary offences
Not Guilty:
Mode of Trial hearing (see if at mags/crown)
- if not too serious/complex D can elect which court
- if chooses mags same as summary process
Crown:
- case management hearing decides bail/remand and date for a trial with jury
- if found guilty, can give maximum sentence for the crime
Indictable Offences and pre trial procedure
Indictable offencesn: most serious Eg. Murder Enter plea at preliminary hearing- mags Guilty: - sent to crown for sentencing Not Guilty: - case management hearing and same process as triable either way
Explain how mode of trial hearing works
Used in triable either way offences to determine which court handles case
Mags consider if within their ‘jurisdiction’ using factors
- seriousness of crime
- consequences (a stolen pen vs million pounds)
- complexity (points of law/defences/medical evidence)
- organised crime
- breach of trust
If within mags jurisdiction, D gets to elect which court
D may prefer Crown
- higher acquittal
- sympathetic
- perverse decisions
- lawyers in crown must have certificate of advocacy (experienced)
- means test less restrictive (easier legal aid)
May prefer mags
- shorter/cheaper trial
- very few people qualify for legal aid anyway
- lower sentencing powers
Once D elects, trial is concluded
Explain factors D must consider when electing a court in mode of trial hearing
Mags
- shorter cheaper (half a day vs several days)
- if legal aid not available will want lower court fees/lawyer costs
- lower sentencing powers (although can send to Crown for sentencing anyway)
- may have local knowledge and understanding of circum
Crown
- higher acquittal 15 vs 60% crown (directed acquittal,sympathy)
- lawyers need certificate of advocacy in crown court so more experienced
- means test less restrictive (more likely to get legal aid)
- Crown court takes longer so any time on remand counts as time served
- juries can make perverse decisions or use jury equity
Explain jurisdiction (work/role) of mags
Summary offences and triable either way that don’t go to Crown
3 lay mags listen to evidence and Court Clerk advice before making decision
- can sentence 6 months/unlimited fine
- can send up to Crown for harsher sentencing
10/17 y/o D’s heard by specially trained mag in youth court
- D can appeal to Crown Court (which has judge and 2 mags)
- mags prepare triable either way/indictable before sending to crown court
- mags always responsible for bail/remand
Outside of court:
- can issue warrants to search property
- issue summons to witnesses
- can extend police custody time for up to 96 hours
Explain jurisdiction of crown court
Handles less than 3% criminal cases UK
Hear indictable/triable either way which is not under mags jurisdiction/ D elects Crown
- if D pleads guilty can get up to max sentence for that crime (by judge)
- if D pleads not guilty judge handles pre trial procedure in case management hearing and sets date for trial
- D has a trial and verdict decided by 12 jury members with legal advice from judge but decided in secret (based on evidence)
- these judges also hear appeals from mags on conviction/sentence
Explain ways D can appeal a criminal case
If found guilty in mags D has automatic right to appeal conviction/sentence
- appeals go up to Crown & handled by judge & 2 mags
- can uphold mags decision, quash it or vary it
- can only vary decision downwards eg. From ABH to Battery
- can uphold, reduce, increase sentence (still can’t go above 6 months as originally in mags)
If found guilty in Crown D can seek ‘leave’ to appeal up to CoA on sentence/conviction
- Lady/Lord justice will grant permission or deny the appeal
- actual appeal heard by 3 Lord/Lady Justices
- CoA have same powers as Crown but can also order retrial if they quash unsafe conviction (George)
- can uphold sentence (Philpott)
- or decrease (Herbert)
- cannot increase sentence
In both courts they can make ‘case stated appeal’ when they believe judge/mags misinterpreted PoL
- appeal heard in QBD
- can confirm, reverse decision or clarify PoL and remit case back
From QBD can appeal further to SC
(Only if case concerns general public importance) eg. John Platt Case
Explain ways prosecution can appeal a criminal case
There are various grounds of appeal which come from various Criminal Justice Acts
- can appeal against judge’s ruling for a directed acquittal which will be reviewed by a higher court
- jury nobbling (jury members bribed or threatened) this means acquittal not valid and so retrial is needed (Brinks-Mat robbery case- bribery)
- new and compelling evidence not presented at original trial ( need retrial with new evidence) Dunlop- acquitted then quashed as he confessed to the murder
- unduly lenient sentence (with AG permission) if feel sentence not harsh enough (Yates providing murder weapon is serious)
- refer PoL to CoA (with AG permission) where they can clarify but not change verdict
- make ‘case stated appeal’ on PoL to QBD (confirm, reverse decision or clarify and remit back to original court)
- from QBD they can seek leave to further appeal to SC if involved general public importance