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law English legal system > Criminal Courts > Flashcards

Criminal Courts Flashcards

1
Q

Classification of offences

A
  • the type of offence will make a difference as to where the case will be tried and who will try it.
  • for trial purposes criminal offences are divided into three categories:
    1. Summary offences
    3. Triable either way offences
    4. Indictable offences
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2
Q

Summary offences

A
  • an offices that can only be tried in the magistrates court
  • summary offices are the least serious offences they are always tried in the magistrates court. They include nearly all driving offences. They also include common assault, criminal damage which has caused less than £5,000 damage and shoplifting where the value of the goods is less than £200
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3
Q

Triable either way offences

A
  • an offences that can be tried in either the magistrates court or the crown court
  • these are the middle range of crimes. As these can be tried in either the magistrates or the crown court. They include a wide range of offences such as theft and assault causing actual bodily harm.
  • in order to decide whether a triable either way offence will be tried in the magistrates court or the crown court the defendant is first asked whether he is pleading guilty or not guilty. If the defendant is pleading guilty the case is heard by the magistrates. Where the plea is not guilty the defendant has the right to ask for the case to be tried at the crown court by a jury
  • the magistrates can also decide that the case is too serious for them and make the decision to send the case to the crown court
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4
Q

Indictable offences

A
  • an offences that has to be tried at the crown court
  • these are the most serious crimes and include murder, manslaughter and rape. The first preliminary hearing for such an offence will be at the magistrates court, but then the case is transferred to the crown court. All indictable offences must be tried at the crown court by a judge and a jury
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5
Q

Pre trial procedure in criminal cases

A
  • the criminal law is set down by the state. A breach of the criminal law can lead to a penalty such as imprisonment or a fine being imposed on the defendant in the name of the state. Therefore, brining a prosecution for a criminal offence is usually seen as part of the role of the state. The majority of criminal prosecutions are conducted by the crown prosecution service which is the state agency for criminal prosecutions
  • the first hearing of all criminal cases is at the magistrates court
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6
Q

Pre trial procedures for summary offences

A
  • under the case management scheme now operating in the magistrates court, the aim is to complete the case at the earliest possible hearing. So where the defendant pleads guilty and is either already legally represented or does not want legal representation, the magistrates will go ahead with the case, and wherever possible, decide on the sentence there and then. Many driving offences can be dealt with at the first hearing through the procedure under which the defendant can plead guilty by post, so that attendance at court is not necessary
  • if the defendant is pleading guilty, the magistrates must at this first hearing try to discover the issues involved in the case, so that it can proceed as quickly and efficiently as possible
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7
Q

Pre trial procedures for triable either way offences

A
  • since triable either way offences can be tried at either the magistrates court or the crown court, the pre trial procedure has first to decide where the case will be tried. There has to be a plea before venue hearing
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8
Q

Plea before venue

A
  • under this procedure, the defendant is first asked whether he pleads guilty or not guilty. If the plea is guilty then the defendant has no right to ask for the case to be heard at the crown court. However, the magistrates may decide to send the defendant to the crown court for sentence
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9
Q

Mode of trial

A
  • if the defendant pleads not guilty then the magistrates must carry out ‘mode of trial’ proceedings to decide whether the case will be tried in the magistrates court or the crown court
  • the magistrates first decide if they think the case is suitable for trial in the magistrates court and whether they are prepared to accept jurisdiction. Under s 19 of the magistrates court act 1980, they must consider the nature and the seriousness of the case, their own powers of punishment and any representations of the prosecution and defence
  • cases involving complex questions of fact or law should be sent to the crown court. Other relevant factors which may make a case more suitable for trial at the crown court include:
  • Where there was a breach of trust by the defendant
  • where the crime was committed by an organised gang
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10
Q

Advantages of trial in the crown court

A
  • defendants are more likely to be acquitted at the crown court than in the magistrates court. Only about 15% of defendants who plead guilty in the magistrates courts are found not guilty. At the crown court, over 60% of defendants are acquitted
  • an interesting point on the number of acquittals in the crown court is that most are as a result of the judge discharging the case or directing that the defendant be found not guilty. This will happen where the prosecution drops the case or witnesses fail to attend court, so there is no evidence against the defendant
  • however, juries do acquit in more cases than magistrates. They acquit in about 35% of cases, compared with 15% acquittal rate in the magistrates court
  • research conducted into the reasons why defendant’s chose trial at the crown court found that most did so as the result of a advice from their lawyers.
  • however, there were other factors influencing thr choice
  • another reason for choosing trial at the crown court is that the defendant is more likely to receive legal aid. This means that the state will pay for this legal representation
    -the legal representation at the crown court must have a certificate of advocacy giving the right to present cases as the crown court. This is likely to mean that the lawyer is more experienced at presenting cases in court
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11
Q

Disadvantages of trial in the crown court

A
  • there is usually a longer wait before the case is dealt with at the crown court than for cases in the magistrates court. If the defendant is not given bail, this waiting period is spent in prison
  • the stress of a trial in the crown court is much greater and the trial is likely to last considerably longer than a trial in the magistrate’s court. Cases in the crown court usually take several days whereas cases in the magistrates courts are rarely more than half a day.
  • cases in the crown court are also more likely to be reported in the media than cases in the magistrates court
  • the costs of the case are much greater than those in the magistrates courts. If the defendant has to pay first his own lawyers, this will be expensive. In addition, if the defendant is ordered to pay part of the prosecution costs, this will be a greater amount than in the magistrates court
  • another disadvantage of this, for defendants who are found guilty, the judge at the crown court has the power to give a greater sentence than the magistrates court
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12
Q

Pre trial procedures for indictable offences

A
  • even for indictable offences which are the most serious classification of offences, the first hearing is in the magistrates court. This mat deal with whether the defendant wants to apply for legal aid and issues of bail. All indictable offences are then sent to the crown court immediately
  • all other pre trial and case management issue are dealt with by a judge at the crown court
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13
Q

Magistrates courts

A
  • there are about 240 magistrates courts in England and wales
  • they are local courts so there will be a magistrates court in almost every town.
  • each court deals will cases that have a connection either its geographical area and they have jurisdiction over a variety of matters involving criminal cases
  • cases are heard by magistrates, who are either qualified district judged or unqualified lay justices.
  • there is also a legally qualified clerk attached to each court to assist the magistrates
  • magistrates are limited in the sentences they can impose. The maximum prison sentence they can give is six months for one offence or 12 months for two.
  • magistrates can also impose fine, but for other offences there are limits
  • magistrates can also impose a range of other penalties such as community orders or conditional discharge
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14
Q

Jurisdiction of the magistrates courts

A
  • in criminal cases the magistrates courts deal with a variety of matters. They have a very large workload as they do:
  • try all summary cases
  • try any any triable either way offences in which the magistrates are prepared to accept jurisdiction and where the defedant agrees to summary trial by the magistrates
  • the magistrates also:
  • deal with preliminary hearings of any tribal either way offence which is going to be tried in the crown court
  • deal with the first preliminary hearing of all indictable offences
  • deal with all the side matters connected to criminal cases, such as issuing warrants for arrest and deciding bail applications
  • try cases in the youth court where the defendants are aged 10 -17 inclusive
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15
Q

The crown court

A
  • the crown court currently sits in about 90 different centres throughout England and Wales. Each year the crown court deals with about 80,000 cases. There cover:
  • triable either way offences where the defendant has elected to be tried in the crown court or where the magistrates have decided that the case is too serious for them
  • indictable offences
  • appeals from the magistrates court
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16
Q

Dealing with cases at the crown court

A
  • if the defendant pleads guilty at the crown court a judge decides the sentence. If the defendant pleads not guilty at the crown court the case is tried by a judge and a jury of 12. The judge decides points if law. The jury decides on the facts whether the defendant is guilty not guilty. If the defendant is found guilty, the judge then decides the appropriate sentence
  • for appeals from the magistrates courts to the crown court, the case is heard by a judge siting with two late magistrates
17
Q

Appeals

A
  • it is possible for a defendant to appeal against conviction and or sentence in any criminal case. The prosecution rights of appeal are more limited. The appeal routes from the magistrates court and from the crown court are completely different
18
Q

Appeals from the magistrates court

A
  • there are two different routes of appeal from the magistrates court. The route used will depend on whether the appeal is only a point of law of whether it is for other reasons
19
Q

Appeals to the crown court

A
  • this is the normal route of appeal from the magistrates court. It is only available to the defence, if the defedant pleaded guilty at the magistrates court, then he can only appeal against sentence.
  • if the defedant pleaded not guilty and was convicted then the appeal can be against conviction and/or sentence. In both cases the defedant has an automatic right to appeal and does not need to get leave to appeal
  • at the crown court the case is completely reheard by a judge and two magistrates. They can come to the same decision as the magistrates and confirm the conviction or they can decide that the case is not proved and reverse the decision. In some cases it is possible for them to vary the decision and find the defendant guilty of a lesser offence
  • where the appeal is against sentence, the crown court can confirm the sentence or they can increase or decrease it. However, any increase can only be up to the magistrates maximum powers for the case.
  • if it becomes apparent that there is a point if law to be decided, then the crown court can decide that point of law, but there is the possibility of a further appeal by way of case stated being made to the administrative court
20
Q

Case stated appeals

A
  • a case stated appeal goes to the administrative court. Both the prosecution and the defence can use this appeal route. The appeal can be made direct from the magistrates court or following an appeal to the crown crown
  • the route is only used by the defendant against a conviction by the prosecution against an acquittal in situations where they claim the magistrates came to the wring decision because they made a mistake about the law.
  • the magistrates (or the crown court) are asked to state the case by setting out their findings of fact and their decision. The appeal is then argued on the basis of what the law is on those facts; no witnesses are called although the appeal is made to the administrative court, the case can be sent to be heard by a panel of two high court judges from the queens bench division in the divisional court. There are usually only about 100 case stated appeals each year
  • the divisional court may confirm, vary or reverse the decision or remit the case to the magistrates court for the magistrates to implement the decision on the law
21
Q

Further appeal to the Supreme Court

A
  • from the decision of the kings bench divisional court there is a possibility of a further appeal to the Supreme Court. Such an appeal can only be made if:
    A. The divisional court certifies that a point of law of general public importance is involved
    B. The divisional or the Supreme Court gives permission to appeal because the point is on which ought to be considered by the Supreme Court
  • only a very small number of cases will go to the Supreme Court. C VDPP
22
Q

Appeals from the crown court

A
  • the rights of appeal are for the defendant and the prosecutor
23
Q

Appeals by the defendant

A
  • the defendant has the possibility of appealing against conviction and/or sentence to the court of appeal. So, at the end of any trial in which a defendant has been found guilty, his lawyer should advise him on whether there should be an appeal
24
Q

Leave to appeal

A
  • in all cases the defendant must get leave to appeal from the court of appeal or a certificate that the case is fit for appeal from the trial judge. The idea is that cases which are without merit are filtered out and the courts time saved
  • the application for leave to appeal is considered by a single judge for the court of appeal in private, although if he refuses it is possible to apply to a full court of appeal from leave
25
Q

Grounds for appeal

A
  • the criminal appeal act 1995 simplified the grounds under which the court can allow an appeal. The act states that the court of appeal:
    A. Shall allow an appeal against conviction if they think that the conviction is unsafe
    B. Shall dismiss such an appeal in any other case
26
Q

New evidence

A
  • any new evidence which the defence wants to produce at the appeal must appear to be capable of belief and would afford a ground for an appeal. Also it has to be considered whether it would have been admissible at the trial and why it was not produced at that trial
27
Q

Court of appeals powers

A
  • if the court of appeal decide that the conviction is unsafe, they can allow the defendants appeal quash the conviction. Alternatively they can vary the conviction to that of a lesser offence of which the jury could have convicted the defendant. If the court of appeal decides that the conviction is safe, then they will dismiss the appeal
  • the court of appeal also has the power to order that there should be a retrial of the case in front of a new jury. The power was given to the court in 1988. Initially it was not often used. However, its use has increased
  • if the appeal is against sentence, the court can decrease the sentence but cannot increase it on the defendants appeal
28
Q

Appeals by the prosecution

A
  • originally the prosecution has no right to appeal against either the verdict or sentence passed in the crown court. Gradually however, some limited rights of appeal have been given to it by parliament
29
Q

Against a judges ruling

A
  • if the trial judge gives a ruling on a point of law which effectively stops the case against the defendant, the prosecution now has the right to appeal against that ruling. This right was given by the criminal justice act 2003. It makes sure than an error of law by the judge does not lead to an acquittal
30
Q

Against acquittal

A
  • there are only two limited situations in which the prosecution cab appeal against an acquittal by a jury.
    1. Where the acquittals was the result of the jury being ‘nobbled’ - where one or more juries are bribed or threaten by associates.
    2. Where there is new and compelling evidence of the acquitted person guilt and is in the public interest for the defendant to be retried
31
Q

Referring a point of law

A
  • whee the judge may have made an error in explaining the law to the jury, the prosecution have the right to refer a point of law to the court of appeal if the defedant is acquitted. The right is under the s36 of the criminal justice act 1972 which allows the attorney general to refer the point if law to the court of appeal in order to get a ruling on the law. The decision by the court of appeal on that point of law does not affect the acquittal but creates a precedent for any future case involving the same point of law
32
Q

Against sentence

A
  • under s36 of the criminal justice act 1998 the attorney general can apply for leave to refer an unduly lenient sentence to the court of appeal for re sentencing. The victims or members of the public can submit cases to the attorney general for consideration. If the attorney general thinks the sentence is unduly lenient then that case will be referred to the court of appeal.
33
Q

Further appeals to the Supreme Court

A

Both the prosecution and the defence may appeal from the court of appeal to the Supreme Court, but it is necessary to have he case certified as involving a point of law of general public importance and to get permission to appeal, either from the Supreme Court or from the court of appeal. Only a few criminal appeals go to the Supreme Court each year

law English legal system (8 decks)

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