Criminal Courts

Question 1

Classification of offences

Answer 1

• Summary offences
• Triable-either-way offences
• Indictable offences

Question 2

Summary offences

Answer 2

The least serious offences, always tried in the Magistrates’ Court. They include:
- nearly all the driving offences,
- common assault,
- criminal damage caused less than £5000 damage
- shoplifting where the value of goods is less than £200.

Question 3

Triable-either-way offences

Answer 3

The middle range of crimes, can be charged in either the Magistrates’ or the Crown court. They include a wide range of offences including theft and ABH. The way it is decided whether the case is heard at the Magistrates’ or Crown Court is whether the defendant pleds guilty or not guilty.

Question 4

Triable-either-way offences - guilty

Answer 4

If d pleads guilty, then the case is tried at the Magistrates’ Court by the Magistrates. However the case can be passed to the Crown Court if it is believed to be too serious for the Magistrates’ Court.

Question 5

Triable-either-way offences - not guilty

Answer 5

If d pleads not guilty, than the case is tried at the Crown Court by a jury.

Question 6

Indictable offences

Answer 6

The most serious crimes. Include:
- murder,
- manslaughter,
- rape.
The first preliminary hearing 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 jury.

Question 7

The Magistrates’ Court - location

Answer 7

There are about 280 Magistrates’ Courts in England and Wales. They are local, so usually one in every town, whilst big cities would have multiple courts. Each court deals with cases in their geographical area and have jurisdiction over a variety of matters involving criminal cases.

Question 8

The Magistrates’ Court - hearings

Answer 8

Cases are heard by Magistrates who are either legally qualified District Judges or unqualified lay justices. There is also a legally qualified clerk to assist the Magistrates.

Question 9

The Magistrates’ Court - sentancing

Answer 9

Magistrates are limited on the sentancing they can impose. The max prision sentance they can give is 6 months for one offence or 12 months for two offences.

Question 10

The Magistrates’ Court - fines

Answer 10

For the top range of offences there is no limit on the amount Magistrates can impose, but for other offences there are limits. They can also impose a range of other penalties such as community orders or conditional discharge.

Question 11

Jurisdiction of the Magistrates’ Court

Answer 11

The Magistrates’ Court deal with a variety of matters with a very large workload as they do the following:
- try all summary cases
- try any triable-either-way offences in which the Magistrates are prepared to accept Jurisdiction and where d agrees to summary trial by the Magistrates.
These 2 categories take up about 97% of all criminal cases and about 1.5 million cases take place at the Magistrates’ Court.

Question 12

Jurisdiction of the Magistrates’ Court - additonal duties

Answer 12

• Deal with preliminary hearings of any triable-either-way offence which is going to be tried in the Crown Court
• Deal with the first preliminary hearings of all indictable offences
• Deal with all side matters connected to criminal cases
• Try cases in the Youth Court where defendants are aged 10-17 y/o inclusive

Question 13

Appeals from the Magistrates’ Court

Answer 13

2 different routes depending on whether the appeal is only on a point of law or for other reasons:
- to the Crown Court
- to the Administrative Court in the King’s Bench Divison.

Question 14

Appeals to the Crown Court - appealing

Answer 14

The normal route of appeal from the Magistrates’ Court and only avaliable to the defence. If d pleaded guilty at the Magistrates’ Court, they can only appeal against the sentance. If d pleaded not guilty and was convicted, the appeal can be against the defence and/or the sentance. In both cases, d has an automatic right to appeal and does not need to get leave (permission) to appeal.

Question 15

Appeals to the Crown Court - process of appealing

Answer 15

At the Crown Court, the case is completely reheard by a judge and 2 Magistrates. They can come to the same decision as the Magistrates and confirm the conviction or they can decide the case is not proved and reverse the decision. In some cases, it is possible to vary the decision and find the d guilty of a lesser defence. The Crown Court can confirm or increase/decrease an appeal against sentancing, however, any increase can only be up to the Magistrates’ max powers for the case.

Question 16

Appeals to the Crown Court - point of law

Answer 16

If it becomes apparent there is a point of law to be decided, the Crown Court can decide that point of law , but there is a possibility of a further appeal by way of case stated being made to the Administrative Court.

Question 17

Case stated Appeals

Answer 17

An appeal on a point of law that goes to the Administrative Court. Both the prosecution and and the defence can use this appeal route. Appeal can be made from the Magistrates’ Court or following an appeal to the Crown Court.

Question 18

Case stated Appeals - why it’s used

Answer 18

Used by the d against a conviction or by the prosecution against an acquittal in situations where they claim the Magistrates came to the wrong decision because they made a mistake about the law.

Question 19

Case stated Appeals - the process

Answer 19

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 is on those facts, no witnesses are called. Although te appeal is made to the Administrative Court, the case can be sent to be heard by a panel of 2 High Court Judges (known as the King’s Bench Divisonal Court).

Question 20

Case stated Appeals - ending

Answer 20

Where an appeal is made by way of case stated decision can be confirmed, varied or reversed, or the case can be sent back to the Magistrates’ Court to implement the decision on the law.

Question 21

Further Appeals to the Supreme Court

Answer 21

From the decision of the King’s Bench Divisional Court, there is a possibility of a further appeal to the Supreme Court, though it can only be made if:
a) the Divisional Court certifies that a point of law of general public importance is involved and
b) the Divisonal Court or the Supreme Court gives permission to appeal because the point is one which ought to considered by the Supreme Court.

Question 22

The Crown Court - locations

Answer 22

Sits in about 90 different centres in England and Wales.

Question 23

The Crown Court - cases

Answer 23

Deal with about 80,000 cases a year:
- triable-either-way offences where d has elected to be tried in the Crown Court, or where the Magistrates have decided the case is too serious for them and sent to the Crown Court
- all indictable offences
- appeals from the Magistrates’ Court

Question 24

The Crown Court - structure

Answer 24

For trials in the Crown Court, the case is heard by a judge and a jury of 12. The judge decides the point of law and, if d is found guilty, the appropiate sentance. The jury decide on the facts whether d is guilty or not guilty. Appeals are heard by a judge with 2 lay Magistrates if they’re from the Magistrates’ Court to the Crown Court.

Question 25

Appeals from the Crown Court - appels by d

Answer 25

D has the possibility of appealing against conviction and/or sentance to the Court of Appeal (Criminal Division). At the end of any trial in which d has been found guilty, their lawyer should advise them on whether there should be an appeal or not.

Question 26

Appeals from the Crown Court - Leave to appeal

Answer 26

In all cases, d must get leave to appeal from the Court of Appeal or a certificate that the case is fit to appeal from the trial judge. Cases without merit are filtered out and the court's time is saved. The application for leave to appeal is considered by a single judge of the Court of Appeal in private, if they refuse it is possible to apply a full Court of Appeal for leave.

Question 27

Appeals from the Crown Court - Grounds for appeal

Answer 27

The Criminal Appeal Act 1995 simplified the grounds under which the court can allow an appeal. The Act states the Court of Appeal: a) shall allow appeal against conviction if they think the conviction is unsafe and b) shall dismiss such an appeal in any other case.

Question 28

Appeals from the Crown Court - unsafe conviction

Answer 28

If the Court of Appeal decides a conviction is unsafe, they can allow d's appeal and quash the conviction. Alternatively, they can vary the conviction to that of a lesser extent of which the judge could have convicted d.

Question 29

Appeals from the Crown Court - sentancing

Answer 29

If the appeal is against the sentance, the court can decrease the sentance, but cannot increase it on d's appeal.

Question 30

Appeals from the Crown Court - power

Answer 30

The court has the power to order that there be a retrial of the case in front of a new jury. This power is only used in about 50-60 cases each year.

Question 31

Appeals from the Crown Court - safe conviction

Answer 31

If the court decides a conviction is safe, they will dismiss the appeal.

Question 32

Appeals from the Crown Court - appeals by the prosecution

Answer 32

Originally, the prosecution had no rights to appeal against either the verdict or sentance passed in the Crown Court. However, some limited rights of appeal have been granted.

Question 33

Appeals from the Crown Court - against a judge's ruling

Answer 33

If the trial judge gives ruling on a point of law which effectively stops the case against d, te prosecution now have the right to appeal against that ruling, the rights given by the Criminal Justice Act 2003. It makes sure an error of law by the judge does not lead to an acquittal.

Question 33

Appeals from the Crown Court - against acquittal

Answer 33

Only 2 limited situations in which the prosecution can appeal against an acquittal by a jury: 1) Where the acquittal was a result of the jury being 'nobbled' 2) Where there is new and compelling evidence of the acquitted person's guilt and it is in the public's interest for d to be retried.

Question 34

Appeals from the Crown Court - against acquittal - 1

Answer 34

This is where 1 or more jurors are bribed or threatened by associates of d. In these circumstances, provided there has been an actual conviction for jury nobbling, the Criminal Procedure and Investigations Act 1996 allows the prosecution to appeal and the Court of Appeal can order a retrial. Once the acquittal is quashed, the prosecution could then start new proceedings for the same offence.

Question 35

Appeals from the Crown Court - against acquittal - 2

Answer 35

This power is given by the Criminal Justice Act 2003 and is only avaliable for some 30 serious offences including: - murder - manslaughter - rape - terrorism offences It is known as double jeopardy since d is being tried twice for the same offence.

Question 36

Appeals from the Crown Court - against acquittal - reopening investigations

Answer 36

The Director of Public Prosecutions has to consent to the reopening of investigations in the case. Once evidence had been found, the prosecution have to apply to the Court of Appeal for the original acquittal to be quashed.

Question 37

Appeals from the Crown Court - against acquittal - when it is used

Answer 37

The power have been used in cases where new techniques of DNA testing now show that d who is acquitted is the offender.

Question 38

Appeals from the Crown Court - against acquittal - when it is used - cases

Answer 38

Dunlop 1991 - 2006, aquittal for murder was quashed after 2 trials in 1991 and a third in 2006 where he admitted to the killing. 2011 - The killing of Stephen Lawrence being retrialed, new evidence was found via improved DNA testing techniques.

Question 39

Appeals from the Crown Court - reffering a point of law

Answer 39

Where a judge may have made an error in explaing the law to the jury, the prosecution have the right to refer a point of law to the Court of Appeal if d is acquitted. This right is under s.36 of the Criminal Justice Act 1972 which allows the attorney general to refer the point of law to the Court of Appeal in order to get a ruling on the law. The decision made by the Court of Appeal on that point of law does not affect the acquittal but it creates precedent for any future cases involving that point of law.

Question 40

Appeals from the Crown Court - against sentance

Answer 40

Under s.36 of the Criminal Justice Act 1988, the Attorney General can apply for leave to refer an unduly lenient sentance to the Court of Appeal for re-sentancing. About 120 cases are reffered each year and the sentance increased in about 80% of these cases.

Question 41

Appeals from the Crown Court - against sentance - increased sentancing

Answer 41

Most increases are of an extra year or two being added on, however there are some cases with much greater increases.

Question 42

Appeals from the Crown Court - against sentance - increased sentancing - cases

Answer 42

D's offences of 2 rapes increased from 3.5 years to 11 years imprisionment. D's sentance for assault, consiracy to kidnap and false imprisionment increased from 3 3/4 years to 9 3/4 years imprisionment.

Question 43

Further appeals to the Supreme Court

Answer 43

Both prosecution and defence may appeal from the Court of Appeal to the Supreme Court, but it is necessary to have the 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.