criminal courts and appeals

Question 1

what are the 3 categories of criminal offence?

Answer 1

summary
triable either way
indictable

Question 2

summary offences
-what court
-examples of offence
-seriousness?

Answer 2

least serious
magistrates court used
nearly all driving offences, criminal damage and common assault

Question 3

triable either way offences
-what court
-examples of offence
-seriousness?

Answer 3

varying in seriousness
either magistrates or crown court used
theft, burglary and assault occasioning ABH

Question 4

indictable
-what court
-examples of offence
-seriousness?

Answer 4

most serious
crown court used
murder, manslaughter, robbery and GBH

Question 5

procedure for triable either way offences
(6 steps)

Answer 5

1- plea before hearing venue (D asked if they plead guilty/not guilty)
2- If they plead guilty, case automatically heard in magistrates court and decided whether their sentencing powers are sufficient (if not will send to crown court for sentencing)
3- If D pleads not guilty a mode of trial hearing must take place to decide where the case will be heard
4- Magistrates court decide whether or not to accept jurisdiction
5- If they accept, D chooses which court to be tried at
6- If they decline the case is sent to the crown court

Question 6

what sentence can the magistrates court impose?

Answer 6

6 months imprisonment
unlimited fine

Question 7

which 2 categories of offence do magistrates deal with?

Answer 7

summary
triable either way

Question 8

How many magistrates courts are there roughly in england and wales?

Answer 8

240

Question 9

what percentage of criminal cases do magistrates deal with, and how many cases each year?

Answer 9

97%
about 1.5 mil

Question 10

what else can/do magistrates court do?

Answer 10

try cases in the youth court (D aged 10-17)
can decide bail applications and can
authorise 96hrs detention in custody
can issue warrants for arrest
they deal with the first preliminary hearing of triable either way and indictable offences

Question 11

which 2 categories of offence can the crown court deal with?

Answer 11

triable either way
indictable

Question 12

what sentences can the crown court impose?

Answer 12

unlimited sentencing powers

Question 13

how many crown courts in england and wales?

Answer 13

about 90

Question 14

how many cases does the crown court deal with yearly?

Answer 14

about 80,000

Question 15

what else does the crown court hear?

Answer 15

appeals from the magistrates court

Question 16

where can you appeal to from the magistrates court?

Answer 16

crown court
kings bench division

Question 17

what is an appeal

Answer 17

where the defence or prosecution ask a higher court to review the decision of a lower court

Question 18

appealing from magistrates to crown

Answer 18

only available to defence
if the defendant pled not guilty, they can appeal against both sentence and conviction, if D pled guilty they can only appeal against sentence
an automatic right of appeal (D does not need leave[permission] to appeal)
case will be reheard by a judge and 2 magistrates
they can confirm the conviction , reverse it or charge them with a lesser offence
sentences may be confirmed or increased

Question 19

appealing from magistrates to kings bench division

Answer 19

available to both defence and prosecution
a case stated appeal (where one of the parties claims the magistrates court came to the wrong decision because they made a mistake about the law)
can only be used by the defence to appeal against conviction or by the prosecution to appeal against acquittal
may confirm, reverse or vary conviction or may remit the case to the magistrates court

Question 20

where can you appeal to from the crown court

Answer 20

court of appeal
kings bench division
supreme court

Question 21

appeal to court of appeal by defence

Answer 21

sentence cant be increased
can appeal against both sentence and conviction
they have 15 days to fill in application from their conviction
conviction must be unsafe (eg new evidence)
leave to appeal required (decided by judges)
can quash conviction or order a re-trial

Question 22

appeal to court of appeal by prosecution

Answer 22

appeal against unduly lenient sentence
done by attorney general on behalf of the prosecution
can increase sentence

Question 23

appeal to kings bench division

Answer 23

prosecution appeal because of nobbling (jury threatened, bribed or witness intimidation
can order a re-trial as it is no longer a fair case

Question 24

appeal to supreme court

Answer 24

both prosecution and defence
leave required
must involve a point of general public importance eg human rights