Criminal Courts Flashcards
How many Magistrates’ Courts are there in England and Wales?
280
Who hears cases in Magistrates’ Court?
District Judges or Lay Magistrates
What are Magistrates’ sentencing powers?
Maximum 12-months imprisonment, though they can impose fines, community orders and conditional discharges
What happens in an appeal case from Magistrates’ Court in the Crown Court?
The case is reheard by a judge and two Magistrates’, and any changes in sentence are within the Magistrates’ powers
What is a case stated appeal?
An appeal on a point of law that goes to the administrative court. It can be made directly from Magistrates’ Court or from the Crown Court appeal
Where can the case be sent from the Administrative Court in a Magistrates’ appeal?
The case can be heard by two High Court justices in the K.B.D
When can a case be sent to the Supreme Court?
When it is of general importance
When the point should be considered by the SC, and leave to appeal is granted
When can the defendant appeal in the Crown Court?
For conviction or sentence, though they must get leave to appeal
What does ‘leave to appeal’ ensure?
Cases without merit don’t waste court time
Who considers application for appeal?
One COA justice in private, though if leave is not granted, they may apply to a full COA for leave
What is outlined in the Criminal Appeal Act 1995?
The COA can:
- Allow the appeal if the conviction is not safe
- Dismiss the appeal
- Order a retrial with a new judge and jury
What circumstances allow the prosecution’s right to appeal?
- Against a judges ruling on a point of law
- Against acquittal
When can the prosecution appeal against acquittal?
- The jury was nobbled
- There is new compelling evidence
