Criminal Courts and Appeals

Question 1

Who has the burden of proof in criminal cases?

Answer 1

Prosecutors

Question 2

What is the standard of proof in criminal cases?

Answer 2

Beyond reasonable doubt

Question 3

What are the three categories of offences in criminal law?

Answer 3

Summary
Indictable
Triable-Either-Way

Question 4

What are summary offences?

Answer 4

Least serious offences
All summary cases tried in the Magistrates Court at first instance
Examples include:
Most driving offences, Assault and Battery, Criminal damage valued under £5,000, Shoplifting and petty theft up to £200

Question 5

What are Triable-Either-Way offences?

Answer 5

Mid-range crimes
Can be tried in either Magistrates or Crown Court- depending on severity
Examples include: Theft, ABH, Malicious Wounding and Grievous Bodily Harm S.20 OAPA 1861

Question 6

What are Indictable offences?

Answer 6

Most serious types of crims
All tried at Crown Court for first instance
Examples include: Murder, Manslaughter, Rape, Terrorism Offences

Question 7

What are Pre-Trial Procedures?

Answer 7

Cases are brought to court on behalf of CPS
All cases start in Magistrates Court for preliminary hearings- procedures differ on classification of offence
In all instances, preliminary hearings deal with- funding and representation, bail, and plea

Question 8

What are the Pre- Trial Procedures in Summary Offences?

Answer 8

Guilty= Can be dealt with straight away in the preliminary hearing if defendant pleads guilty and is legally represented to refuses representation- driving offences usually dealt with this way

Defendant can admit guilt through post- no need to attend court
Not Guilty= Magistrates use hearing to discover main issues on case- helps proceed case quickly and effectively- done by single Magistrate or clerk
Defendant can apply for legal aid if eligible
If applicable defendant can apply for bail or changes in bail condition
If defendant is not represented, the court can adjourn to allow time to find representation

Question 9

What are the Pre-Trial Procedures in Triable-Either-Way offences?

Answer 9

Magistrates deal with preliminary hearings- role is to allocate case to relevant court of first instance- based on facts, nature and seriousness
Procedure goes through Plea before venue/ Mode of Trial (Allocation) hearing

Question 10

What is meant by Plea before Venue?

Answer 10

Only applies to Triable-Either-Way offences
Defendant is asked if they plead guilty or not
Guilty Plea- Magistrates must have jurisdiction to sentence offender, if they dont have adequate powers it is sent to Crown Court S.3 Powers of Criminal Courts (Sentencing) Act 2000 Not guilty- Magistrates carry out allocation hearing. Same rules apply if defendant doesnt response with a plea

Question 11

What is meant by Mode of Trial?

Answer 11

Allocation hearing that decides whether the trial will be indictable or summary
Submissions are made by both parties
Statutory factors considered include:
Nature of case
Whether circumstances make the offence one of a serious character
Whether Magistrates have adequate to sentence if found guilty
Magistrates also consider allocation guidelines and specific sentencing guidelines

Question 12

What is the procedure in an allocation hearing?

Answer 12

1. Prosecution informs court of material facts and disclose previous convictions of defendant (if any)
2. Prosecution make representation on whether summary or indictable trial should be used based on aggravating and mitigating factors
3. Defence will respond with opinion on summary or indictable trial
4. Courts consider representation made by both parties
5. Must check whether sentencing powers are adequate if accepted on summary trial (max of £5,000 or 6 month imprisonment)

Question 13

What is the decision in an allocation hearing?

Answer 13

If Magistrates Court declines jurisdiction then the case will be sent to Crown for trial on indictment
Magistrates court will only accept jurisdiction on summary if they have adequate sentencing powers
If jurisdiction is accepted- defendant has right to enquire whether a custodial or non- custodial sentence would be carried out- court is not obliged to give indication and if they do, defendant is able to change plea
Defendant can chose to go to Crown Court as of right if they want

Question 14

What are the advantages of trials in the Crown Court?

Answer 14

Higher chance of acquittal- more chance of sympathy verdict, 60% acquittal rate
Separation of judge and jury in court makes contesting evidence more effective- judges legal qualification makes them a better arbiter of law
Funding is easier to obtain
Delay may allow defendant to obtain mitigating factors (job, married, pregnant)

Question 15

What are the disadvantages of trial in Crown Court?

Answer 15

Delay- trials and actual hearings take longer than the Magistrates court
Media attention- more likely to have case facts disclosed in public domain
Cost- greater than Magistrates due to representation fees. Defendant may also be ordered to pay prosecution costs which are more expensive in Crown
Crown Court has unlimited sentencing powers. Magistrates limit is 6 months imprisonment and £5000 fine

Question 16

What are the Pre-Trial procedures in Indictable offences?

Answer 16

First preliminary hearings in Magistrates- only deal with administrative matters such as applications for bail and legal aid
All indictable offences must be sent to Crown Court for further preliminary matters such as applications for bail, disclosure of documents, plea etc.
Plea and Case Management- will take defendant`s plea after charges read out to court
Guilty plea- court will adjourn for later sentence hearing where defendant will be based on factors affecting the case
Not Guilty Plea- Court will set trial date and order deadline for disclosure of documents

Question 17

What is the Magistrates Court?

Answer 17

Lowest court in criminal hierarchy- each court deals with cases within their geographical areas
Cases usually presided over by panel of 3 lay magistrates- qualified clerk to assist
Limited sentencing powers- max of 6 month imprisonment or £5000 fine- can be doubled for defendants charged with two or more offences
Can impose non-custodial/ community sentences

Question 18

What is the jurisdiction for Magistrates court?

Answer 18

Deal with preliminary hearings for all triable-either-way offences to be tried at Crown court
Deals with preliminary hearings for all criminal cases
Deals with all side matters connected to criminal cases such as issuing warrants for arrest and deciding bail applications
Try cases in Youth Court
Try all summary cases
Try any triable-either-way offences that are allocated

Question 19

What are trial procedures for summary trials?

Answer 19

1. Clerk will check defendants name and address as well as asking their plea
2. If defendant pleads guilty, the role of the Magistrates will be to sentence offender based on factors
3. If defendant pleads not guilty, court will listen to evidence from prosecution and defence as well as any witnesses called and cross examined, Prosecution goes first
4. Once evidence is presented, magistrates will retire to reach verdict. If guilty verdict is returned, they can adjourn for separate sentence hearing whilst waiting for pre-sentence reports

Question 20

What is the role of the court clerk?

Answer 20

Clerk assists bench of magistrates, known as legal advisor
Senior clerk must be a barrister or solicitor with at least5 years standing
Role of clerk is to guide the magistrates on questions of law, practice and procedure- must make sure correct procedure in court is followed
Clerk is not part of decision-making process
Senior clerk has been granted power to deal with routine matters - can also now grant warrants for arrest, extend police bail and conduct early administrative hearings

Question 21

What is the Youth Court?

Answer 21

Deals with young offenders aged 10-17
Branch of Magistrates court
It is a closed court- only relevant legal personnel and parents/ guardians allowed unless court authorises it/ Media can be present but is forbidden to publish names of any young offender or info that could identify them
Young offenders can be tried in Crown Court for indictable offences and will remain closed
Magistrates undergo specialist training to deal with young offencers
Must be one male and one female sat on panel

Question 22

What is the Crown Court?

Answer 22

Second lowest court in criminal hierarchy
First Tier Centre- mainly in big cities, deal with high profile, serious criminal offences and are tried by High Court Judges and Jury- Circuit judges also deal with crimes sent to Crown court for indictment
Second Tier Centre- deals with all crimes on indictment, using High Court judges to deal with most serious crimes and circuit judges to deal with others
Third Tier Centre- staffed by circuit judges. most serious crimes such as murder, manslaughter and rape will be sent to a second or first tier centre

Question 23

What is jurisdiction of Crown Court?

Answer 23

Covers trials for triable-either-way offences where defendant has elected to be tried in Crown Court
Preliminary matters for indictable offences
All trials for indictable offences
Appeals from Magistrates Court

Cases are tried by a jury of 12 members- judges role is decider of law

Question 24

What are the trial procedures in the Crown Court?

Answer 24

Defendant is usually represented by a barrister or solicitor advocate
Trial starts with jury being sworn in
Prosecution goes first presenting evidence and witnesses- witnesses can be cross examined by defence
After prosecutions submission, defence can submit there is no case if evidence is lacking leading acquittal
If there is a case to answer, the defence will put forward their evidence and witnesses which can be cross examined
After evidence, judge will summarise and jury retires to reach verdict
If guilty, judge will arrange a separate hearing for sentencing

Question 25

What is the purpose of criminal appeals?

Answer 25

To spot potential wrongful convictions at early stage so injustice can be fixed
Wrongful convictions can arise from misdirection of law from judge or magistrate, unlawful activities from police or misleading evidence
Criminal Appeals Act 1995- amended in Criminal Justice Act 2003 to appeal for prosecution in certain cases
Appeal routes vary depending on court of first instance
High Court, Court of Appeal (criminal division) and Supreme Court

Question 26

Appeals from Magistrates Court to Crown Court

Answer 26

Available for the defendant only
Can appeal against conviction/ sentence - can only appeal against conviction if pleaded not guilty
Appeal must be made within 28 days of conviction
Appeals usually heard by a District Judge with 2-4 lay magistrates
Crown Court will not conduct a retrial but will rehear facts
Can chose to acquit the defendant or reduce sentence but sentence can`t be increased
Can send the appeal to QBD if point of law involved

Question 27

Appeals from Magistrates to High Court (QBD)

Answer 27

Available for prosecution and defendant
Can be made if Magistrates made error in law or acted outside of jurisdiction- Can be sent to QBD from Crown on same grounds
Magistrates or Crown is asked to state case by setting out findings of fact and decision- decision of QBD based on the law is on those facts

Only available to defendant against conviction and prosecution against acquittal
QBD can either reverse decision or send back to Magistrates to implement the decision on law

Question 28

Further appeals to Supreme Court

Answer 28

From the decision made in QBD there is posibillity of a further appeal to Supreme
Appeal can only be made to Supreme if
1) The QBD certifies that a point of law of general public importance is involved
2) or the QBD or Supreme gives permission to appeal because the point of law is one to be considered

Is quite rare the appeal will reach Supreme but Supreme can grant permission to have appeal heard under their jurisdiction- C v DPP

Question 29

Appeals from Crown Court by the defendant

Answer 29

Can appeal against conviction and/or sentence
First route of appeal will be to Court of Appeal
Must inform court of their desire to appeal verbally within 14 days of conviction- official written notice of appeal
Appeal will be allowed of there is a chance the conviction may be unsafe or if procedures were not followed correctly

Question 30

What can the Court of Appeal do if an appeal is made by the defendant from the Crown Court?

Answer 30

Allow the appeal and quash the conviction
Quash the conviction and replace it with a lesser offence
Order a retrial with new judge and jury
Reduce sentence

Question 31

What grounds can the Prosecution appeal from a Crown Court?

Answer 31

Appeal against acquittal- where the acquittal was the result of the jury being threatened or bribed/ when there is new and compelling evidence and it`s public interest for defendant to be retried
“Double jeopardy rule”- allows retrial for those who committed serious offences- consent must be granted by CPS and new evidence provided

Appeal against sentence- S.36 Criminal Justice act to change sentence

Question 32

Further appeals to Supreme Court from Crown Court

Answer 32

Very few cases reach Supreme each year

Same grounds of appeal apply