Criminal Courts and Appeals

Question 1

What are summary offences?

Answer 1

• The least serious offences
  e.g. Assault, Battery
• Heard in the magistrates court

Question 2

What are triable either way offences?

Answer 2

• Middle range offences
  e.g. ABH and theft
• Magistrates court or crown court

Question 3

What are indictable offences?

Answer 3

• The most serious offence
  e.g. wounding with intent, murder and manslaughter

Question 4

What is the jurisdiction of the magistrates court?

Answer 4

• Tries all summary offences
• Conducts plea before venue and mode of trail hearings in either way offences and trails of such offences where they have the sentencing power and the defendant chooses the magistrates court.
• The jurisdiction of the magistrates court is set in the Magistrates court act

Question 5

What is the work of the magistrates court?

Answer 5

• Issue search and arrest warrants to police
• Grants bail to defendants
• Hears cases in relation to 10-17 year old in the youth court
• Maximum sentence is 6 months or 12 months where D is charged with 2 either way offences

Question 6

What is the jurisdiction of the crown court?

Answer 6

• Tries either way offences where the magistrates do not have sufficient sentencing powers to deal with the case, or where the defendant chooses crown court trial.
• Hears plea and preparation for trail hearings, trials of indictable cases and bail applications
• Hears appeals from the magistrates court against conviction or sentence

Question 7

What is the process of summary offences? ( Pre trial procedure)

Answer 7

Summary offences are dealt in the magistrates court, often at first appearance. Proceedings may have to be adjourned to gather evidence for D to obtain legal advice or to obtain pre sentence reports. Bail will be considered during the adjournment. D may be represented by duty solicitor free of charge for one hearing.

If the defendant pleads guilty the the magistrates will pass sentence.

If the defendant pleads not guilty the trial will be heard and tried by the magistrates.

During the trial both sides give evidence. The burden of proof is on the prosecution to prove D’s guilt beyond reasonable doubt.

Question 8

What is the process of either way offences?

Answer 8

Triable either way offences begin in the magistrates court where the defendant pleads guilty or not guilty at the plea before venue hearing ( the defendant is first asked whether he pleads guilty or not guilty) If the defendant pleads guilty then the magistrates hear the facts of the case and decide if they have the power to deal with it. If they do have the power to deal with it then the magistrates will pass sentence but if they don’t they will send it to crown court for sentence.

If the defendant pleads not guilty then a mode of trial hearing will take place where the magistrates will decide if they have power to deal with the case.

If the magistrates agree to hear the case, the defendant can choose the magistrates or the crown court trial. If the magistrates decide not to hear the case the it will be sent to the crown court for trial and the defendant can not choose.

Question 9

What is the process of indictable offences?

Answer 9

Even indictable offences begin in the magistrates court with a early administrative hearing which deals with legal funding and bail. Then it is sent to the crown court for a plea and preparation for the trial hearing. If the defendant pleads guilty there will be a adjournment before sentencing and pre sentenced reports will have to be written. If the defendant pleads not guilty then a trial date is set and the prosecution and defence must identify the key issues. A jury trial will take place in the crown court.

Question 10

What happens if the defendant is not happy?

Answer 10

If the defendant or the prosecution is not happy with the decision in a case there may be an appeal. This might be due to perceived errors of fact, law or procedure.

Question 11

What is the appeal route from the magistrates court?

Answer 11

• If a defendant has pleaded not guilty has an automatic right to appeal the conviction or sentence to the Crown Court.
• If they defendant has pleaded guilty he can only appeal against his sentence.

The case will be reheard by a judge or 2 magistrates.

• If D has pleaded guilty then the Crown court can confirm the sentence, decrease the sentence or increase the sentence. If they decide to increase the sentence the court can only increase the sentence up to the magistrates maximum powers for there case.
• If D hasn’t pleaded guilty then the crown court can confirm the decision, reverse the decision or vary the decision e.g. find D guilty of a lesser offence

The defendant or the prosecution can appeal if they think the magistrates have made a mistake about the law or done something that is outside their jurisdiction ( these written appeals are know as case stated appeals and are heard in the kings bench of the high court as a divisional court. A further appeal is available from the king’s bench divisional court to the supreme court if the case involves a point of law of general public importance. Permission is given. This appeal can also be made by the decision the the crown court when hearing an appeal from the magistrates court. Lastly case can be referred by the criminal case review commission if the conviction is doubtful although this is rare.

Question 12

What is the appeal process from the crown court?

Answer 12

A defendant can appeal with the courts findings of facts , their interpretation of the law, their conviction or sentence to the court of appeal criminal division but will require permission from either the crown court or the court of appeal. There is also an appeal open to the prosecution but only if they believe the jury or witness have been bribed or intimidated. From the court of appeal either the prosecution or the defence can appeal a point of law to the supreme court if the court of appeal certifies that an issue of general public importance is involved and either the court of appeal or supreme court gives permission.

Either the prosecution or defence can appeal by a way of case stated to the high court under the access to justice act. The criminal cases revie commission is able to bring a crown court case in which there may have been a miscarriage of justice to the court of appeal attention and to the criminal appeals act.

Following the decision in Taylor v Lawrence the court of appeal may now hear an appeal from its own earlier decisions in the same case where a significant injustice has been done. The circumstances are expectational and there is not effective alternative remedy