Criminal Courts Flashcards
What are summary offences?
The least serious types of offences such as assault and battery.
Summary offences are typically handled in the Magistrates’ court.
What is the maximum sentence for a summary offence if the defendant pleads guilty?
Up to six months.
If a larger sentence is needed, the case can be sent to the Crown court for sentencing.
What happens if a defendant pleads not guilty to a summary offence?
The magistrates must decide whether to grant bail or remand the defendant in custody.
Bail may be granted on conditions such as surrendering their passport.
What is a plea before venue hearing?
A hearing in the Magistrates’ court for triable either way offences where the defendant enters a plea.
Examples of triable either way offences include theft and s47 ABH.
What is the maximum sentence for a triable either way offence if the defendant pleads guilty?
12 months.
The process is similar to that of summary offences.
What happens if a defendant pleads not guilty to a triable either way offence?
A mode of trial hearing takes place to decide whether the trial will happen in the Magistrates’ court or the Crown court.
The defendant can ‘elect’ which court they prefer if the Magistrates can hear the case.
What is a case management hearing?
A hearing in the Crown court where a judge handles bail and sets a date for trial in front of 12 jury members.
This occurs if the case is transferred to the Crown court after a not guilty plea.
What are indictable offences?
The most serious crimes such as murder.
These offences start with a preliminary hearing at the Magistrates’ court.
What happens if a defendant pleads guilty to an indictable offence?
The case is transferred to the Crown court for sentencing.
If they plead not guilty, a case management hearing follows.
What is the role of the Magistrates in the trial process?
They handle preliminary hearings and decide on bail for summary and triable either way offences.
They also determine if they can hear a case or if it should go to the Crown court.
What is a mode of trial hearing used for?
To decide whether a case will be handled by the Magistrates Court or the Crown Court
What factors do magistrates consider to determine jurisdiction?
Nature and seriousness of the crime, complexity of the case, involvement of organised crime or breach of trust
How does the amount of money involved in theft affect jurisdiction determination?
Smaller amounts are more likely to be handled by magistrates; larger amounts may be too serious for them
What happens if a case involves a defence such as insanity?
It is better handled by a judge in the Crown Court due to the complexity and need for medical evidence
What options does the defendant have after magistrates conclude they can hear the case?
Elect a trial by 3 magistrates or in front of 12 jury members in the Crown Court
Why might a defendant prefer a trial in the Crown Court?
Higher acquittal rate, better access to experienced lawyers, and easier legal aid
What is the acquittal rate comparison between magistrates and juries?
35% for juries compared to 15% for magistrates
What advantages do magistrates’ trials have for defendants?
Trials are shorter and cheaper, and lower sentencing powers
Fill in the blank: Defendants may prefer the Magistrates Court because trials are much _______.
cheaper
What is required for lawyers to appeal in the Crown Court?
A certificate of advocacy
What is the significance of legal aid in the context of the Crown Court?
It is easier to obtain due to less restrictive means tests
What can magistrates do if a defendant is found guilty but has a case that warrants a higher sentence?
Transfer the case to the Crown Court for sentencing
True or False: Very few people qualify for legal aid even in the Crown Court.
True
What is the final outcome of the mode of trial hearing?
The case will continue in the relevant court based on the defendant’s election
What is a potential reason a defendant (D) may prefer the Magistrates court (mags)?
Trials are much shorter and cheaper in the mags
A half day compared to several days in the Crown Court
How can opting for the Magistrates court save a defendant time and stress?
Trials are shorter and costs are lower
This is particularly important if the defendant cannot get legal aid
What is a disadvantage of being tried in the Magistrates court regarding sentencing?
Magistrates have lower sentencing powers than the Crown
However, they can transfer the case to the Crown for sentencing
What advantage do Magistrates have that may benefit a defendant’s case?
Local knowledge and understanding of the defendant’s circumstances
This may lead to a more sympathetic view than that of a judge or jury
What is the acquittal rate comparison between the Magistrates court and the Crown court?
15% in the mags compared to over 60% in the Crown
This difference is influenced by factors like witness availability and jury sympathy
What issues can affect the acquittal rate in the Magistrates court?
Witnesses not showing up, directed acquittals, jury sympathy
Jury sympathy is estimated at 35% compared to 15% for magistrates
Why might a defendant be more likely to get a good lawyer in the Crown court?
Lawyers must have a certificate of advocacy to appeal in the Crown
This ensures that they are experienced and capable of presenting a better defense
How does the means test for legal aid differ between the Crown court and the Magistrates court?
The means test is less restrictive in the Crown court
This increases the likelihood of receiving legal aid at the Crown
What benefit does a defendant gain if they think they are likely to be found guilty in the Crown court?
Time spent in remand will be considered as time served
Remand is generally ‘nicer’ than prison, allowing for less time in prison
Fill in the blank: Acquittal rates in the Magistrates court are _____ compared to the Crown court.
15%
True or False: Defendants are less likely to receive legal aid in the Crown court compared to the Magistrates court.
False
The means test for legal aid is less restrictive in the Crown
Who listens to the evidence in summary offences and triable offences that do not go up to the Crown?
3 lay Magistrates
These Magistrates consider the court clerk’s advice before deciding a verdict.
What is the maximum prison sentence a Magistrate can impose for summary offences?
6 months
For triable offences, the maximum is 12 months.
What can Magistrates do if they feel their sentence is insufficient?
Send D up to the Crown for harsher sentencing
In which court is a trial held if the defendant (D) is between 10 - 17 years old?
Youth court
What can D do if they disagree with the guilty verdict or sentence?
Appeal to the Crown court
How many Magistrates may hear an appeal to the Crown court?
2 Magistrates
What do Magistrates prepare if a triable either way offence is going to the Crown?
The case initially
What do Magistrates prepare before sending indictable offences to the Crown Court?
The case
What are Magistrates responsible for in all cases regarding defendants?
Granting bail or remand
What conditions may be attached to granted bail?
Surrendering passport
What type of warrants can Magistrates issue outside of court?
Warrants for police officers to search property
What can Magistrates issue to compel witnesses to come to court?
Summons
What is the maximum time Magistrates can extend police custody for questioning?
96 hours
What percentage of criminal cases in the UK are handled by the Crown Court?
Less than 3%
The majority are handled by the Magistrates Court.
What types of offences does the Crown Court hear?
Indictable and triable either way offences
These are cases the Magistrates cannot handle or where the defendant has elected for a Crown trial.
What happens if a defendant pleads guilty in the Crown Court?
A judge will decide their sentence, which can be up to the maximum for that crime.
What is the purpose of a ‘case management hearing’ in the Crown Court?
To handle pre-trial procedures and set a date for trial.
How many members are on a jury in the Crown Court?
12 members
Who provides legal advice to the jury in the Crown Court?
The judge
What role do judges in the Crown Court have regarding appeals?
They hear appeals against conviction and sentence from the Magistrates Court, alongside 2 magistrates.
What is the automatic right of a defendant found guilty in the Magistrates court?
To appeal against their conviction or sentence
Appeals are handled by a judge and 2 magistrates in the Crown court.
What decisions can the Crown court make regarding a conviction from the Magistrates court?
Uphold, quash, or vary the decision downwards
For example, varying the conviction from $47 ABH to battery.
What are the options the Crown court has for sentencing?
Uphold, reduce, or increase the sentence
Increase is limited to the maximum sentence the Magistrates could have originally given.
What is the maximum sentence for a summary offence?
16 months
For a triable either way offence, the maximum is 12 months.
What must a defendant seek to appeal from the Crown court to the Court of Appeal?
Leave to appeal
The application is dealt with by one Lord/Lady Justice.
How many Lord/Lady Justices hear appeals in the Court of Appeal if permission is granted?
Three Lord/Lady Justices
What powers do the Court of Appeal have regarding convictions?
Same powers as the Crown court, plus the ability to order a re-trial
This applies if they quash an unsafe conviction, as seen in R v George.
What can the Court of Appeal do regarding sentencing?
Uphold or decrease the sentence
They cannot increase the sentence if the defendant is the one appealing.
What is a ‘case stated appeal’?
An appeal about a point of law claiming a mistake was made by the original court
Which court hears a ‘case stated appeal’?
King’s Bench Divisional Court (KBD)
What decisions can the KBD make regarding a case stated appeal?
Confirm, reverse, or clarify the point of law
They can remit the case back to the original court.
What is required for a further appeal to the Supreme Court from the KBD?
Leave to appeal concerning something of general public importance
Give an example of a case that raised a point of general public importance.
John Platt case
It concerned the right of a parent to take their child out of school for a holiday.
What is the automatic right of a defendant found guilty in the Magistrates court?
To appeal against their conviction or sentence
Appeals are handled by a judge and 2 magistrates in the Crown court.
What decisions can the Crown court make regarding a conviction from the Magistrates court?
Uphold, quash, or vary the decision downwards
For example, varying the conviction from $47 ABH to battery.
What are the options the Crown court has for sentencing?
Uphold, reduce, or increase the sentence
Increase is limited to the maximum sentence the Magistrates could have originally given.
What is the maximum sentence for a summary offence?
16 months
For a triable either way offence, the maximum is 12 months.
What must a defendant seek to appeal from the Crown court to the Court of Appeal?
Leave to appeal
The application is dealt with by one Lord/Lady Justice.
How many Lord/Lady Justices hear appeals in the Court of Appeal if permission is granted?
Three Lord/Lady Justices
What powers do the Court of Appeal have regarding convictions?
Same powers as the Crown court, plus the ability to order a re-trial
This applies if they quash an unsafe conviction, as seen in R v George.
What can the Court of Appeal do regarding sentencing?
Uphold or decrease the sentence
They cannot increase the sentence if the defendant is the one appealing.
What is a ‘case stated appeal’?
An appeal about a point of law claiming a mistake was made by the original court
Which court hears a ‘case stated appeal’?
King’s Bench Divisional Court (KBD)
What decisions can the KBD make regarding a case stated appeal?
Confirm, reverse, or clarify the point of law
They can remit the case back to the original court.
What is required for a further appeal to the Supreme Court from the KBD?
Leave to appeal concerning something of general public importance
Give an example of a case that raised a point of general public importance.
John Platt case
It concerned the right of a parent to take their child out of school for a holiday.
What can the prosecution appeal against regarding a judge’s ruling?
A judge’s ruling on a point of law that leads to a directed acquittal
If the judge wrongly stops a case, the prosecution can ask for this decision to be reviewed by a higher court.
Under what circumstances can the prosecution appeal against an acquittal?
Two situations:
* Evidence of jury nobbling
* New and compelling evidence not presented at the original trial
Jury nobbling refers to instances where jury members are bribed or threatened.
What was a risk in the Brinks-Mat robbery case?
Bribery of jury members
The large amount of money involved raised concerns about potential jury interference.
What happened in R v Dunlop regarding acquittal?
The defendant later confessed to the murder, leading to a re-trial with new evidence
The original acquittal was quashed based on the new confession.
What can the prosecution appeal against with regard to sentencing?
An unduly lenient sentence with the permission of the Attorney General
This occurs if the original court did not impose a sufficiently harsh sentence.
What was the outcome in R v Yates concerning sentencing?
D’s sentence was increased by five years
The court considered the seriousness of providing the murder weapon (a gun).
What can the prosecution do if they wish to refer a point of law?
Refer a point of law to the Court of Appeal with the Attorney General’s permission
This allows clarification of the point of law but does not affect the case verdict.
What is a ‘case stated appeal’?
An appeal to the King’s Bench Divisional Court
The KBD can confirm, reverse the decision, or clarify the law and remit the case.
What must the prosecution seek to do after a case is heard by the King’s Bench Divisional Court?
Seek leave to make a further appeal to the Supreme Court if the case concerns general public importance
This step is necessary for cases that have broader implications beyond the individual case.
