Criminal Courts

Question 1

Summary Offences

Answer 1

Pretrial Procedure - Dealt with in magistrates, first time offences, case may be adjourned if more evidence is required, allow D to get legal advice, pre-sentence reports, D can request bail
Guilty - Magistrates pass the sentence
Not Guilty - Trail is heard and decided by magistrates, prosecution prove D guilty

Question 2

Triable Either Way Offences

Answer 2

Pre-trail procedure - Begins in magistrates court, Plea before venue hearing, bail and legal funding discussed whenever
Guilty - Magistrate hear case and decide if they have sentencing powers, if do they sentence, if not sent to crown court.
Not Guilty - Mode of trail hearing, listen to facts and decide if they have power, if magistrates accept D can choose where trail happens, if decline case must happen in crown court

Question 3

Indictable Offences

Answer 3

Pre-trail - Begin in magistrates court for early administrative hearing on issues such as bail and legal funding, sent to crown court for plea and directions hearing
Guilty - Case is adjourned before sentencing for pre-sentence reports to be written
Not Guilty - Case is adjourned before trail; legal funding and bail can be discussed during the proceedings

Question 4

Appeals

Answer 4

Mag -> Crown -> CoA -> Supreme
Mag -> KBD -> Supreme (Leap frog C V DPP)

Question 5

Appeals At Crown Court

Answer 5

Hears appeals from magistrates, Defence has automatic rights to appeal and the crown court judge will hear the case with two magistrates, case will be entirely reheard. Judges can confirm, reverse or vary the conviction. Sentence is decreased or increased within the magistrates powers

Question 6

Appeals At Court Of Appeal

Answer 6

Hears appeals from the crown court, defendant may wish to appeal their sentence or conviction, must have leave leave to appeal. Prosecution appeal in rare circumstances; if they believe jury tampering or witnesses have been bribed. Judges have to confirm, quash or vary the conviction, A retrial may be ordered or the sentence can be confirmed or decreased

Question 7

Leap Frog

Answer 7

High Court KBD - from magistrates where a point of law is questioned, can e confirmed, reversed, varied or remit sent back to magistrates then to Supreme Court (C V DPP)

Question 8

Supreme Court

Answer 8

Prosecution and defence, both need leave to appeal, point of general public importance