criminal courts and appeals Flashcards
what are the 3 categories of criminal offence?
summary
triable either way
indictable
summary offences
-what court
-examples of offence
-seriousness?
least serious
magistrates court used
nearly all driving offences, criminal damage and common assault
triable either way offences
-what court
-examples of offence
-seriousness?
varying in seriousness
either magistrates or crown court used
theft, burglary and assault occasioning ABH
indictable
-what court
-examples of offence
-seriousness?
most serious
crown court used
murder, manslaughter, robbery and GBH
procedure for triable either way offences
(6 steps)
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
what sentence can the magistrates court impose?
6 months imprisonment
unlimited fine
which 2 categories of offence do magistrates deal with?
summary
triable either way
How many magistrates courts are there roughly in england and wales?
240
what percentage of criminal cases do magistrates deal with, and how many cases each year?
97%
about 1.5 mil
what else can/do magistrates court do?
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
which 2 categories of offence can the crown court deal with?
triable either way
indictable
what sentences can the crown court impose?
unlimited sentencing powers
how many crown courts in england and wales?
about 90
how many cases does the crown court deal with yearly?
about 80,000
what else does the crown court hear?
appeals from the magistrates court
where can you appeal to from the magistrates court?
crown court
kings bench division
what is an appeal
where the defence or prosecution ask a higher court to review the decision of a lower court
appealing from magistrates to crown
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
appealing from magistrates to kings bench division
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
where can you appeal to from the crown court
court of appeal
kings bench division
supreme court
appeal to court of appeal by defence
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
appeal to court of appeal by prosecution
appeal against unduly lenient sentence
done by attorney general on behalf of the prosecution
can increase sentence
appeal to kings bench division
prosecution appeal because of nobbling (jury threatened, bribed or witness intimidation
can order a re-trial as it is no longer a fair case
appeal to supreme court
both prosecution and defence
leave required
must involve a point of general public importance eg human rights
