Criminal courts and appeal process Flashcards
Summary offence
The summary processes, the first appearance at magistrates the court has applications for bail and legal aid or representation by a duty solicitor whether or not the defendant has legal representation the magistrates will proceed to consider a sentence if the defendant has pleaded guilty a sentence hearing Will hear the brief facts of the offence from the prosecution and any statements to defendants wishes to make the magistrates will then decide on and announce that sentence in some minor driving offences the defendant complete guilty by post so the attendance at court is unnecessary. If the defendant needs not guilty the magistrates will try to discover the issue involved and then set up a date for trial before the trial at the magistrates. There will be a pre-trial preview which is a meeting at which the judge considers the issues before the timetable for the trial or the final hearing date is finalised as a summary offence is the only trial at the magistrates court.
Indictable offenses
The indictable offences are serious criminal offences that are typically trialed in a crown court these offences can include crimes such as murder, rape and robbery the procedure for handling indictable offences usually involves several stages, including a preliminary hearing in a magistrates court where the charges are formally read and then the case is sent to the Crown Court for trial during the trial a jewellery will hear the evidence and determine the guilt or innocence of the defendant. The first hearing room will be in the magistrates court shortly after the defendant is charged the magistrate will deal with establishing the defendant identity whether the bail or custody should be ordered whether the defendant should receive legal aid or representation further pre-trial matters will be dealt in the Crown Court via a county court judge the plea and trial preparation. Hearing takes place in the Crown court as soon as possible they will take the defendants plea unless there is a good reason not to they will be a set trial date and identify issues for trial with a timetable for a pre-trial preparation the indictment is a document that is prepared before trial and formally set out charges against the defendant. For more complicated cases. The indictment may have several counts each relating to a different offence both prosecution and offense have to make certain points known to the other before trial the prosecution must set out the evidence they propose to use at the trial. The defence must give a written statement to the prosecution that includes the nature of accused defence, including any legal defence intended to be relied on, any matters on facts on which issues is taken the prosecution, any point of law to be argued and the case authority in support, any alibi and the witness to support that alibi this information allows the prosecution to run police checks on the alibi witness
Either way, offences
Can be easier in the magistrates court or the Crown Court
Defendant can opt for a summary trial before a magistrate or remit to the Crown Court
Defendant is asked if they play guilty or not guilty
Play before venue -applies only to try a ball either way offences defendant is asked if they play guilty or not guilty if the player is guilty then the defendant has no right to ask for the case to be heard in the Crown Court although the magistrates may decide to send the defendant to the Crown Court for sentence
Mode of trial-if the defendant pleads not guilty then the magistrates must carry out mode of trial proceedings to decide whether the case will be tried magistrates first aside they have jurisdiction in making this decision. They must consider the nature and seriousness of the case their own powers of punishment and any representation of the prosecution and defence cases involving complex questions of facts or law should be sent to the Crown Court.
If the case is referred to the crown court or the defendant chooses trial there all pre-trial matters will be dealt by the Crown Court
Defendant election - if the magistrates are prepared to accept jurisdiction the defendant is then told he has the right to choose trial by jury but maybe tried by the magistrates if he agrees to this course he is also warned that if found guilty the magistrates can send him to the Crown Court for sentence if they fill their power of punishment or insignificant
Appeal process from the magistrates court
This app appeal is only available to the defence
If the defendant pleaded guilty at the magistrates court then an appeal can only be made against the 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 power for the case
If the defendant pleaded not guilty and was convicted, an appeal can be made against conviction and/or sentence the Crown court consisting of a judge sitting with two lay magistrates will hold a complete hearing of the case including any evidence that was not available in the magistrates court they can confirm or vary the conviction and/or sentence or find the defendant guilty of a lesser offence
Case stated appeals These are peels on a point of law that go to the Kings bench division court either directly from the magistrates court or following an appeal to the crown court both of the prosecution and the defence can use this appeal route the magistrates all the crown court are asked to state the case by setting out their findings of facts and their decision. The appeal is argued on the basis of what the law is of those facts. No witnesses are called the appeal is usually heard by a panel of two or three judges the approach will be that the magistrates came to a wrong decision because they made a mistake in the law. The divisional court may confirm very of reverse the decision or send the case back to the magistrates to implement the decision of the law. There are usually a few of them 100 cases stated appeals made each year that are possibly of a further appeal to the Supreme Court such as in the C v DPP 1994.
Case C v DPP
Legal point on the presumption of criminal responsibility of children 10 to 14 years old
KBD held- children of this age were presume to be legally responsible
The House of Lords now Supreme Court a child of this age was presumed not to know the defences between Bright and wrong and therefore the prosecution would need to pull the intention for criminal intent
A 13-year-old boy was convicted in the magistrates court of interfering with a motorcycle with intent to commit theft or to take and drive it away without consent. The appeal concerned the presumption of criminal responsibility of children between the ages of 10 and 14.
Until this case it had been accepted that such a child could only be convicted if the prosecution proved that the child knew he was he was doing wrong. The divisional court held that times had been changed. The children were more mature and the rule was not needed. The case was further appeal to the house of law who overall the divisional court holding that the law was still that a child of this age was presumed to not know what they were doing wrong and therefore not to have the necessary intention for any criminal offence the original conviction was confirmed.
Appeal sent to the Supreme Court
The KBD court certifies that a point of law of general public importance is involved
The KBD court or the supreme court has given permission to allow the appeal because the point is one which ought to hurt by the Supreme Court
Appeal by the defendant to the court of the appeal
Leave to appeal
The criminal appeal act 1995 requires the defendant must obtain leave to appeal decided by a single judge of the court of appeals. The aim is to fill out cases without merit and save the court time.
Grounds for appeal
Shall I allow an appeal against conviction if they think that the conviction is unsafe and shall dismiss such an appeal to any other case?
New evidence
Can be admitted by the defendant only if there is a belief that it would’ve thought a ground to appeal
Court of appeals power
The CO A may decide a conviction is unsafe and can vary the decision they can also dismiss the appeal if they feel the conviction is safe if the appeal is against a sentence the COA can decrease but not increase the sentence
Appeals by prosecution to the QBD or COA
Against a judges ruling
If the judge gives a ruling on a point of law, which effectively stops the case against defendant the prosecution can appeal through the criminal justice act 2003
Against acquittal
Where the acquittal was the result of the jury being ‘nobbled’ this is where one or more juries was bribed or threatened by associates of the defendant
2-where there is a new and compelling evidence of the acquitted persons guilt and it is the public interest for the defendant to be retained. This power is given by the criminal justice act 2003 and it is only available for some dirty serious offences including murder manslaughter, rape and terrorism known as a double jeopardy since the defendant is being trial twice for the same offense the director of public prosecution has the consent to the reopening of investigation in the case
Stefan Lawrence 2011 where two defendants were acquitted of murder of a black teenager Stefan Lawrence
Referring a point of law
If a judge made an error in the law there is a right under S 36 of criminal justice act 1972 for the attorney general to ask the court of appeal for a ruling on this point not to change the outcome of the case set a presidence
Against sentence
Under S 36 of criminal justice act 1980 8AG can apply for leave to an attorney general can apply for leave to refer an unduly lenient sentence to the court of appeal cases are brought to the Attorney General‘s attention by the Crown prosecution service. It is also possible for a member of the public to contact the Attorney General‘s office if they feel the original sentence was too lenient.
