Criminal Courts Flashcards
What is a summary offence
Least serious offences tried in mags.
What makes an offence a summary
Crim damage under £5k, driving without insurance, common assault, shoplifting if foods under £200
What’s a triable either way offence
Middle range of crimes, can be tried in mags or crown. Defendant asked if plea is guilty or not. Guilty then stay in mags but not guilty then can choose to go to crown for jury. Mag can also decide case is out of their jurisdiction and go to crown
What’s an indictable offence
Tried at crown, preliminary at mags but passed to crown
What offences are classed as triable either way
Theft
Assault causing actual bodily harm s47
S20 GBH
What offences come under indictable
Murder Manslaughter Rape Robbery S18 GBH
How many mags courts are there
280, local courts so in nearly every town. Deal with cases in geographical area under their jurisdiction
Who make up magistrates
Legally qualified district judges, unqualified lay justices. Legally qualified clerk to assist
What are mags sentencing powers limited to
Max sentence 6 months for any one crime, fines with top end having no limits but some having limits and being less. Community orders or conditional discharge can also be a penalty
How many mags cases do they take yearly
97% of all crim (1.5 mil)
What other things do mags deal with
Preliminary hearings of any triable offence which will be heard in crown court
First preliminary of all indictable offences
All side matters related to crim like bail applications and arrest warrants
Youth court where defendants 10-17
What do you do if you want to appeal to crown court
Available to defendants, if plead guilty can only appeal on sentencing. Not guilty can appeal conviction and sentence. Both cases has automatic appeal rights. Case reheard by judge and two mags who can come to same decision as previous mag or reverse decision. Can vary decision and find guilty of lesser offence. If against sentence then they can increase or decrease sentence but can only increase up to mags max powers for case. Point of law to be decided= admin court
Why could a case go to admin court
Case appeal on point of law. Can be made direct from mags or appeal from crown. Used by defendant against conviction or prosecution against acquittal in relation to a point of law being decided. Mags/crown court are asked to set out case findings of fact and their decision, appeal then argued on law based on those facts. Cases can be sent to panel of 2 high court judges (queen bench). Case can be sent back to mags so they can implement decision on law
What can be appealed in crim courts after queens bench
Supreme Court IF:
Divisional courts decide point of law is generally public importance
Divisional or SC give permaions as is should be considered by SC
What is the appeal route in criminal courts
Mags trial: Crown court (defence only) Case stated appeal Queens bench admin court Supreme Court
How many cases does the crown court deal with annually
80k, with cases being triable, indictable or appeals from mags
Who hears crown court trial
Judge with jury of 12. Judge decides on point of law, and if found guilty by jury, sentencing. Appeals to crown is heard by a judge and two mags
How can you appeal if your a crown court defendant
Leave to appeal- has to get to have an appeal or a certificate saying it’s fit for appeal by trial judge, therefore to filter out appeals without merit. Considered by court of appeal in private
Grounds for appeal- Criminal appeal act 1995 simplified grounds court had to appeal. States that CoA shall allow appeal against conviction if conviction beloved unsafe and shall dismiss such an appeal in any other case. Can quash a conviction if it’s unsafe or lesser the sentence. If appeal against sentencing court can only lesser. Can order a retrial in front of a new jury but only used in 50/60 cases yearly. If convictions safe then appeal is dismissed
How can you appeal if you’re prosecuting in the crown court
Against a judges ruling- if judge gives a ruling on Point of law which stops case against defendant then prosecution can appeal with right given by Criminal Justive Act 2003. Makes sure by error of law that judge doesn’t lead to acquittal.
Against acquittal- 2 situations where allowed:
1.) result of jury being nobbled- bribes or threatening and can be allowed if jury has been actually convicted for this under Crim procedure and investigations act 1996 and can order a retrial. Once conviction quashed then prosecution can start new proceedings for same offence
2.) new and compelling evidence- in public interest for retrial, power given by Criminal Justice Act 2003 and available for 30 ish serious offences like rape, man slaughter, murder, known as double jeopardy as being tried twice for same offence.
Director of Public Prosecutions has to consent to repooening of investigations in case, once evidence found then prosecution has to appeal to CoA for quash of acquittal, ie DNA evidence coming to light or 2011 two defendants retired and found guilty for 19 years after murder of Stephen Lawrence as DNA testing improved and found blood on defendants clothes.
Referring to point of law- judge may have made an error explaining law to jury and therefore prosecutors can refer to CoA. Right given under s36 of Criminal Justice Act 1972 allows attorney general to refer to point of law to CoA to get a ruling on it. Creates precedent but doesn’t affect acquittal
Against sentence-s36 of Criminal Justice Act 1988 AG can apply for leave to refer to lenient sentence to CoA for resentencung. About 120 cases referred anually with 80% being increased. Most increase by year or so but some by a lot IE one defendant rape sentence went from 3.5 years in prison to 11
How would you go on to further appeal to Supreme Court
Prosecution and defence might appeal from CoA to SC but necessary to have case certified as involving point of law of general public importance and to get permission to appeal either from SC or from CoA. Only a few cases go to SC annually
