Criminal Courts And Appeals Flashcards
What are the 3 categories of criminal offence?
Summary, Triable Either Way, Indictable
What is the court used for Summary offences and what are some examples?
Court: Magistrates Court
Examples: nearly all driving offences, criminal damage under £5000, common assault
What is the court used for Triable Either Way offences and what are some examples?
Court: Magistrates Court + Crown Court
Examples: theft, burglary, ABH
What court is used for Indictable offences and what are some examples?
Court: Crown Court
Examples: murder, robbery, manslaughter, GBH
What is step 1 of deciding where the triable either way case will go?
There will be a plea before venue hearing to see if the D says he is guilty or not
If D pleads guilty then case goes straight to Magistrates Court
They do have the option to send D to Crown Court for sentencing if necessary
What is step 2 of deciding where a triable either way case will go?
If D pleads not guilty a mode of trial hearing will take place to decide where the case will be heard
What is step 3 of deciding where the triable either way case will go?
Magistrates Court will decide if they have enough power to hear the case, they will take in consideration how serious the case is and their own sentencing powers
If they think the case is too serious, the case will go to the Crown Court
What is step 4 of deciding where the triable either way case will go?
If Magistrates Court accept the jurisdiction then the D will get the choice of which court they wish to be tried in
What do Magistrates Court do?
Each court deals with cases within its geographical area
They can issue warrants for arrest
They can decide bail application and authorise 96h detention in custody
Try cases in the youth court
What sentence can Magistrates give?
6 months per crime (up to 12 months)
£5000 fine
What does the Crown Court do?
If D doesn’t plead guilty there will be a trial and the verdict will be decided by a jury
If D pleads guilty, the judge in the Crown Court decides the sentence
Hears appeals from Magistrates Court
Appeal is heard by a judge and 2 Magistrates
What sentences can the Crown Court give?
life sentence
no limit on the fine
Where can Criminal Appeals from the Magistrates Court go?
Crown Court
Queen’s Bench Division
What happens with the Appeal at the Crown Court?
Route of Appeal only available to defence
If D pleads not guilty then he can appeal against both conviction and sentence
If D pleads guilty then he can only appeal against sentence
The case will be heard by 2 Magistrates and a judge and may change the conviction, confirm it or charge D with a less serious offence
What happens with the Appeal at the Queen’s Bench Division
Route of Appeal available to prosecution and defence
This is where one of the parties claims that the Magistrates Court came to a wrong decision because of a mistake about the law
This cannot be used to appeal against sentence
The Queen’s Bench Division may confirm, reverse or vary the conviction and might send the case back to Magistrates Court
