Criminal courts

Question 1

What are the 2 main criminal courts

Answer 1

Magistrates and crown

Question 2

What are the 3 classification of offences

Answer 2

Summary, Indictable and Triable either way

Question 3

What is the first stage of the pretrial procedure of a summary offence

Answer 3

Starts in the magistrates and usually occur within their first appearance, it may be adjourned to gather evidence, for the D to obtain legal advice and to complete pre sentence reports, bail may be also talked about in this section

Question 4

What is the second stage of the pretrial procedure of a summary offence

Answer 4

If the defendant pleads guilty then the magistrates will pass a sentence, if they plead not guilty their case will be heard and a decision will be made

Question 5

What is the pretrial procedure for a triable either way offence

Answer 5

There is a plea before venue hearing at the magistrates and the D states whether they are guilty or not guilty, bail and legal funding may also be talked about at this stage

Question 6

What happens if in a triable either way offence the D pleads guilty

Answer 6

The magistrates hear the facts of the case and decide whether they have the sentencing powers, if they believe they don’t it will be sent to the crown court

Question 7

What happens if in a triable either way offence the D pleads guilty

Answer 7

A mode of trial hearing occurs in which the magistrates hear the facts of the case and accept the trial. If the magistrates accept the case then the D can choose what court they want their case to be held in but if they do not accept it automatically goes to the crown court.

Question 8

What is the pretrial procedure of an indictable offence

Answer 8

There is an early administrative hearing in the magistrates court in which paperwork such as bail and funding is discussed. The case is then sent to the crown court for a plea and directions hearing.

Question 9

What happens if the D in an indictable offence pleads guilty

Answer 9

An adjournment before sentencing so pre sentence reports can be written

Question 10

What happens if the D in an indictable offence pleads not guilty

Answer 10

An adjournment before trial where legal funding and bail can be discussed during the proceedings, the crime committed will effect the process adopted

Question 11

How many crown courts are there in England and Wales

Answer 11

92

Question 12

How many cases are heard in crown court every year

Answer 12

80,000

Question 13

What does jurisdiction mean

Answer 13

Constitutionally based authority of a court to hear and determine cases

Question 14

What is the definition of leave to appeal

Answer 14

Permission to make an appeal

Question 15

What is the definition of case stated appeal

Answer 15

Written statement setting out facts of the case

Question 16

What is the definition of point of law

Answer 16

Applying principles of law to the facts

Question 17

Who hears an appeal in the crown court

Answer 17

Judge and 2 lay magistrates

Question 18

What right does the D have from a magistrates court for appeals

Answer 18

An automatic right to appeal meaning the case will be reheard entirely

Question 19

What can crown court judges do to the sentence

Answer 19

Confirm, reverse or vary the conviction and confirm, increase or decrease the sentence

Question 20

If the D pleads guilty in the magistrate then what can they appeal against

Answer 20

Only appeal against the sentence

Question 21

If the D pleads not guilty in the magistrate then what can they appeal against

Answer 21

The conviction or the sentence

Question 22

After the Crown court where does the appeal go next from a magistrate

Answer 22

High court- Kings bench division

Question 23

Why might a case go to the KBD

Answer 23

Available for prosecution & defence usually where magistrates’ make a
mistake about the law (explain findings, appeal based on the law on those case
facts)

Question 24

Who hears the appeal in the KBD

Answer 24

2 hight court judges from the KB

Question 25

What can the outcome be from the KBD appeal

Answer 25

Divisional court can confirm, vary, reverse or send back to magistrates to complete

Question 26

What court hears an appeal from the magistrates after the KBD

Answer 26

Supreme court

Question 27

When can you appeal to the supreme court

Answer 27

When it is on the grounds of a point of law or of general public importance

Question 28

What mut be granted for you to be able to appeal to the supreme court

Answer 28

Leave to appeal

Question 29

An appeal from the crown court will enter which court first

Answer 29

Court of appeal

Question 30

Why may a D want to appeal to the CofA

Answer 30

Conviction or sentence

Question 31

What is the only reason for appealing against a conviction

Answer 31

The conviction is unsafe

Question 32

What mut be granted for you to be able to appeal to the CofA

Answer 32

Permission by the trial judge or the court of appeal itself

Question 33

When might the prosecution want to appeal to the CofA

Answer 33

They believe the jury
or witnesses have been bribed/intimidated- Jury nobbling, new evidence has been found that proves guilt or make sure that an error of law by the judge does not result in an
acquittal

Question 34

What can the CofA judges decide

Answer 34

Judges have the option to confirm, quash, dismiss the appeal, vary the conviction OR
order a re-trial. Judges may also confirm OR decrease the sentence given.

Question 35

Where does an appeal then go after the court of appeal

Answer 35

The supreme court