Criminal Courts and Appeals Flashcards
What do Criminal Law deal with?
Criminal law deals with the punishment of offenders who commits crimes against the state.
Public law.
Who will usually bring an action against the defandant?
Usually the CPS.
Criminal justice follows adversarial system, what does this mean?
Defendant is tried by their peers.
Magistrates’ and juries are lay people.
Where does the burden of proof lie and what is the standard of proof?
Burden of proof lies with prosecution and the
standard of Proof is beyond reasonable doubt.
Cases are allocated to the court of first instance based on what?
The seriousness of the crime.
What are the three categories of offence and what is their court of first instance?
Summary Offences. MC
Triable-Either-Way Offences. MC OR CC
Indictable Offences. CC
What are summary offences? Give some examples.(What is criminal damage and shoplifting and petty theft valued under/ up to)?
Summary offences are the least serious offences.
Examples of offences include:
Most driving offences;
Assault and battery
Criminal Damage, valued under £5,000 worth of damage; and
Shoplifting and petty theft – up to £200.
What are triable-either-way offences. Give some examples.
Mid-range crimes.
Examples of offences are:
Theft;
Actual Bodily Harm (ABH)
Malicious Wounding and Grievous Bodily Harm (GBH) under S. 20 OAPA’ 1861.
Triable-either-way offences can be tried in the Magistrates’ Court or the Crown Court, what decides?
Depends on the crimes overall severity.
What are indictable offences. Give some examples.
Most serious types of crimes.
Examples of offences include: Murder; Manslaughter; Rape; and Terrorism offences.
Pre-trial procedures- cases are first brought by who?
Cases are brought to court by the CPS on behalf of the State.
Private prosecutions can also take place (e.g. RSPCA)
Pre-trial procedures- preliminary hearings, where and what?
All cases will start in the Magistrates’ Court for preliminary hearings.
Procedures under the preliminary hearing will differ depending on the classification of the offence.
In all instances, preliminary hearings will deal with administrative matters.
Pre-trial procedures- what are the administrative matters in preliminary hearings?
Funding and representation;
Bail; and, in some instances
Plea.
For summary offences can they sometimes be dealt with straightway in the preliminary hearing, what happens? Give an example of an offence usually dealt in this way.
Yes. Sometimes cases can be dealt with straight way in the preliminary hearing:
Defendant pleads guilty; and
Is legally represented, or refuses representation.
Driving offences usually dealt with in this way.
Defendant can admit guilt through the post.
No need to attend court in this instance.
For summary offences what happens if the defendant pleads not guilty?
Not guilty – magistrates will use hearing to discover main issues surrounding the case.
Help proceed the case quickly and effectively.
Who is the administration hearing done by? (S- pre-trail procedures).
Administration hearing can be done by a single magistrate, or clerk.
Can the defendant apply for legal aid in a summary pre-trial hearing?
Defendant can apply for legal aid and find out if they are eligible.
If applicable, what can the defendant apply for?
If applicable, defendant can apply for bail or changes in the conditions of bail.
(S pre-trial hearing). If the defendant is not represented what can the court do?
If defendant is not represented, court can adjourn to allow time for defendant to find representation.
(TEW pre-trial procedures) Where does the preliminary hearing take place?
Magistrates’ Court deal with all triable-either-way offences for their preliminary hearing.
What is the role of the MC for TEW offences for their preliminary hearing?
Role of Magistrates’ Court is to allocate the case to the relevant court of first instance:
Based on the facts, nature and seriousness of the case.
What are the two procedures in the MC for TEW?
Plea Before Venue; and
Mode of Trial (Allocation) Hearing.
What happens at plea before venue?
Defendant is asked whether they plead guilty or not guilty.
What happens at plea before venue if the defendant pleads guilty?
Magistrates’ Court must have jurisdiction to sentence the offender.
What happens at plea before venue if the MC does not have jurisdiction to sentence the offender? Give the act it falls under.
If they don’t have the adequate powers, they send it to the Crown Court for sentencing.
S. 3 Powers of the Criminal Courts (Sentencing) Act 2000.
What happens at plea before venue if the defendant pleads not guilty?
Magistrates’ Court carries out an allocation hearing to determine court of first instance for trial.
PBT- if the defendant pleads not guilty what is the procedure set out under?
Procedure set out under S.19 Magistrates’ Court Act 1980.
What else can happen for the produce to be the same as PBT and the defendant pleads not guilty?
Same rules apply if defendant does not respond with a plea or enters an equivocal plea.
In the allocation hearing what happens?
Decide on whether the trial will be heard on summary or indictment.
Submissions will be made by both parties.
Statutory factors will be considered.
In an allocation hearing what are the statutory factors considered under?
Statutory factors will be considered under S.19 Magistrates’ Court Act 1980 (as amended by Schedule 3 of the Criminal Justice Act 2003):
In an allocation hearing give examples of statutory factors that would be considered.
The nature of the case;
Whether the circumstances make the offence one of a serious character;
Whether the powers of punishment in the Magistrates’ Court would be adequate if the defendant was found guilty;
Any other factors relating to the suitability of a particular trial basis.
What else will the MC consider in an allocation hearing?
Magistrates’ Court will also consider the allocation guidelines and the specific sentencing guidelines.
Go through the procedure in detail of an allocation hearing.
- Prosecution will inform the court of the material facts of the case and disclose any previous convictions the defendant has (if any).
- Prosecution will make representations on whether a summary trial or an indictment trial would be appropriate based on aggravating and mitigating factors.
- Defence will respond making their representations on whether a summary trial or indictment trial would be more appropriate.
- Court will consider the representations made by both parties.
- Must check whether their sentencing powers would be adequate if they accepted trial on summary jurisdiction (maximum of £5,000 fine and/or 6 month imprisonment for one offence).
In an allocation hearing what with both parties and the MC refer to?
Both parties and the Magistrates’ Court will refer to the Magistrates’ Sentencing Guidelines.
In an allocation hearing if the MC declines jurisdiction what will happen?
The case will be sent to the Crown Court for trial on indictment.
When will the MC accept jurisdiction and what still can happen?
Magistrates’ Court will only accept jurisdiction on summary if they have the adequate sentencing powers should the defendant be found guilty.
Can still commit to the Crown Court for sentencing if needed.
If jurisdiction is accepted what does the defendant have a right to enquire into to? Is the court obliged to give an indictment?
If jurisdiction is accepted, defendant has a right to enquire whether a custodial or non-custodial sentence would be carried out on conviction.
No.
If the court does tell the defendant if their sentence would be custodial or non-custodial if carried out on conviction what does the defendant have an opportunity to do?
Defendant is given an opportunity to change their plea.
What can the defendant also do as of right (allocation hearing- not guilty). Give the act it falls under.
Defendant can also chose to go to the Crown Court as of right – S.20 MCA 1980.
Read over the allocation guidelines to refresh your memory of them.
“It is important to ensure that all cases are tried at the appropriate level. In general, either way offences should be tried summarily unless it is likely that the court’s sentencing powers will be insufficient. Its powers will generally be insufficient if the outcome is likely to result in a sentence in excess of six months’ imprisonment for a single offence.
The court should assess the likely sentence in the light of the facts alleged by the prosecution case, taking into account all aspects of the case including those advanced by the defence.
The court should refer to definitive guidelines to assess the likely sentence for the offence.”
Why is higher chance of acquittal an advantage of trial in Crown Court?
Higher chance of acquittal (case hardened magistrates more likely to convict)
More chance of sympathy verdict.
60% acquittal rate.
Committal seen as an opportunity to have case dismissed with no case to answer
Why is separation of judge and jury in the Crown Court and the use of a judge a advantage of a trial in crown court?
Separation of judge and jury in the Crown Court makes contesting evidence more effective.
Judge’s legal qualification makes him a better arbiter of law.
Why is appeal an advantage of trial in the Crown Court?
Appeal to Court of Appeal is seen as better option than a rehearing by Crown Court after appeal from Magistrates’ Court.
More specialist and have higher jurisdiction.
Why is delay an advantage of trial in the Crown Court?
Delay may allow defendant to obtain mitigating factors (job, married, pregnant etc). This could make their sentence lesser.
Why is funding an advantage of trial in the Crown Court?
Funding is easier to obtain in the Crown Court than in the Magistrates’ Court.
This means that the defendant (if financially challenged) will be able to get better representation to have a fairer case and a better chance of a lesser sentence or acquittal/ found not guilty.
Why is delay a disadvantage of trial in the Crown Court?
Delay – trials in Crown Court take longer to be dealt with than in the Magistrates’ Court.
Actual hearings also take a lot longer.
Why is media attention a disadvantage of trial in the Crown Court?
Media Attention – more likely to have the case facts published in the public domain than cases in the Magistrates’ Court. This could ruin people’s livelihood, family life or businesses and cause financial, social and emotional issues.
