Criminal Courts Flashcards
What are summary offences?
- Least serious offence
- e.g assault and battery
- Trialled (heard) In Magistrates Court
Guilty = Magistrate sets the sentence, Not Guilty = Date set for trial heard by Magistrates
What are Triable either way offences?
- Middle range offence
- e.g. ABH and theft
- Cases heard in Magistrates or Crown court
Mode of Trial Hearings to decide which court for trial if D pleads not guilty
S.19 Magistrate’s Court Act 1980 = Magistrates decide if they can hear trial based on nature and seriousness, sentencing powers, legal arguments by pros/defence
If Magistrates say yes, Defendant is given choice to go to Crown or not
If Magistrates say no, case goes to Crown Court for trial (D has no choice)
Magistrates can send to Crown for sentencing at any point
What are Indictable offences?
- Most serious offences
- e.g. wounding with intent, murder
- Heard in Crown court
Early Administrative Hearing at Magistrates Court
Sent to Crown for trial and sentencing
Main role of Magistrate Courts
- Issue search arrests
- Grant defendants bail
- Hear cases in relation to young offenders
What is the max sentencing given in Magistrates courts?
6 months or 12 (if dealing with triable either way offences)
Where is ‘Plea before venue’ hearing done?
Magistrates court
What cases are heard in Crown court?
- Triable either way (if M court cannot sentence them)
- If D chooses Crown court
- Indictable offences
Where are plea and preparation for trial hearings and bail applications heard?
Crown Court
Where are appeals from magistrates’ court against conviction or sentence heard?
Crown Court
What does Jurisdiction means?
Power to deal with cases
What is plea before venue?
Where the defendant will indicate his plea to the charges against him.
Explain the pre-trial procedures for each of the types of criminal offence.
Police pass the case to the CPS who decide whether to prosecute based on two tests being passed:
- Evidential Burden Test (is there enough evidence)
- Public Interest Test
Every criminal offence has an Early Administrative Hearing in Magistrates Court
Legal aid, pre-sentencing reports, medical reports, and bail
Explain the appeal routes from the Crown Court.
Appeal by the Defence:
Criminal Appeal Act 1995 – appeal to CoA against conviction or sentence if conviction is unsafe
Requires leave to appeal (from CoA or trial judge) within 28 days
Can include new evidence if believable – but ask why not used before
Outcomes: retrial/quash/lesser offence/dismiss appeal/reduce sentence
Appeal by the Prosecution:
Against judge’s ruling: (Criminal Justice Act 2003) incorrect on point of law
Against an Acquittal: Retrial for jury nobbling (Criminal Procedure and Investigations Act 1996) OR ‘new and compelling evidence’ (Criminal Justice Act 2003 – 30 serious offences, has to be approved by DPP, usually due to new DNA/science, seen in Stephen Lawrence case)
Referring a point of law: If misdirection from judge to jury, Attorney General can refer to CoA to ask if judge was incorrect or not, Criminal Justice Act 1972, s.36 – does not automatically change outcome of case but sets future precedent
Against sentence: Criminal Justice Act 1988, s.36 Attorney General can appeal if sentence is too lenient (120 per year, 80% success) CoA will resentence
Describe the appeal routes from the Magistrate’s Court.
To the Crown Court:
Only for defence
Automatic right to appeal
Can appeal conviction (as long as pleaded not guilty) and sentence
Judge and 2 Magistrates hear appeal in the Crown Court
Can reach same decision, reverse the decision, or reduce the sentence
Can also keep the sentence, increase it (but only up to Magistrate’s maximum) or decrease it
By Way of Case Stated:
Goes to the Administrative Court (High Court – QBD)
Available to prosecution and defence
Can be direct from Magistrates Court or from the Crown Court appeal
Is used to appeal conviction/acquittal if prosecution/defence believe there was an error in the way the Magistrates interpreted the law
Usually only 100 appeals of this type per year
Usually heard by 2 High Court Judges who can confirm, vary or reverse the decision or can send it back to the Magistrates Court to implement the decision on the point of law
