Criminal courts

Question 1

Summary

Answer 1

Least serious, criminal damage, magistrates

Question 2

Triable either-way

Answer 2

Middle range crimes, broad, ABH, guilty plea to magistrates which can bump up if bigger sentence, if not mode of trial hearing

Question 3

Indictable

Answer 3

Most serious, murder, tried at crown and sentenced there, pre-trial in magistrates

Question 4

See pre-trial cards in law mock

Question 5

Appeal by defence crown

Answer 5

Criminal appeal act 1965 - appeal to CoA against conviction or sentence
Requires leave to appeal within 28 days
Can include new evidence
Outcomes: retrial/quash/lesser offence/dismiss/reduced sentence

Question 6

Appeal by prosecution crown

Answer 6

Against judges ruling - incorrect on law (Criminal justice act 2003)
Against acquittal - retrial for jury nobbling (Criminal Procedure and investigation act) OR new and compelling evidence (Criminal justice act 2003 - 30 serious offences, new dna / science)
Referring a point of law - if misdirection from judgte to jury, Criminal Justice act 72 s.36 doesnt change outcome but sets precedent
Against sentence: Criminal justice act 88 s.36, Attorney general can appeal if sentence too lenient

Question 7

Appeal from magistrates to crown

Answer 7

Only for defence
Automatic right to appeal
Can appeal conviction and sentence
Judge and 2 magistrates hear appeal
Can reach same, reverse or reduce
Can keep sentence, increase or decrease

Question 8

By way of case stated

Answer 8

Goes to administrative court (High court - KBD)
Available to prosecution and defence]Can be direct from magistrates or from crown appeal
Used to appeal convction / acquittal if believe error in law interpretation
100 of this type a year
2 high court judges