Criminal Courts And Appeals Flashcards
What are the two criminal courts?
-Crown
-Magistrates
What is the burden of proof for criminal cases?
-Prosecution have to prove beyond reasonable doubt
What is the form of the trial?
-Adversarial (parties in a dispute have responsibility of finding and presenting evidence)
-P and D present cases an cross examine witnesses
What is the role of a judge or magistrate?
-Referee
-oversee trial and make sure legal rules followed
-can’t investigate case or add witnesses
Who is guilt determined by?
District judge or lay magistrate in magistrates court
Jury in the crown court
Jurisdiction of the magistrates court
-Around 160 MC, 97% cases
-all summary
-any TEW that can be dealt with in MC
-First hearing of all indictable cases, sent to CC
-preliminary matters, eg warrants for arrest and bail
-try cases in youth court
Jurisdiction of CC
-84 locations
-all indictable
-any TEW that are sent from MC
-Judge sits alone to hear pre-trial matters and if plead guilty
-if plead NG then jury used to decide the verdict
-judge controls court, rules relevant issues of law, directs jury on law, impose sentence
What is the prosecution
-CPS, who advise the police on what offence
-lawyers work for CPS, direct police on evidence needed
-they present the case and try to prove guilty beyond reasonable doubt
Defence / defendant
-person charged with offence
-them and lawyer don’t have to disprove but case suff doubt on it
Summary offences
-least serious
-eg driving when disqualified, common assault, drunk and disorderly, theft from shop less than £200
-tried in MC
-levels
-L1: max fine £200
-L2: max £500
-L3: max 1000
L4: £2500
-L5: unlimited
Triable either way offences
-Mag or crown
-if mag then procedure same for summary
-only diff is if they plead or found G then can send to CC for sentencing (only if they can’t impose adequate sentencing)
-if tried in CC then same as indictable. If G then judge can impose any sentence up to max for that offence
-eg assault occasioning ABH, theft of property over £200
Indictable
-Most serious
-only CC
-First preliminary to establish D;s identity in MC
-If plead NG then jury decide
-If plead Guilty then impose sentence
-impose any sentence up to the max
-murder, manslaughter, rape, robbery
Court procedures for summary
-mag court
-Preliminary hearing/first appearance: apps for bail and legal aid or rep by duty solicitor
-Plea: G or NG
-Possible to be dealt with at first appearance but often adjourn
-Mag’s want pre-sentence reports on D pleading G before sentence
-If plead NG adjourn as witnesses brought
-points to decide on adjournment is if remanded on bail or custody
-before trial, pre trial review =meeting where judge considers issues before the timetable for the trial/final hearing date finalised
Court process for indictable
-CC
-Early administrative hearing at Mag: if D wants to apply for public funding via legal aid and deal with bail
-In CC plea and case management hearing
-if G then sentence
-If NG then pre-trial review, P and D inform court of any issues with case eg conflicting witness statements
-pre trial matters dealt with by judge at trial
-trial by judge and jury
Court process for TEW
-Mag or CC
-Please before venue hearing: opt for summary or remit to CC. Asked if G or NG
-Plea before venue: only TEW. If G then can’t ask for CC. But Mag may decide to send there for sentence
-Mode of trial: If NG then carry out mode of trial to see where held. Decide if jurisdiction (nature and seriousness, powers of punishment, p&d rep) if involves complex law then sent to CC
-Magistrates court act 1980
-Df’s election: if mag accept jurisdiction, D can choose right to trial by jury or agree to course by magistrate. If G then M can send to CC if powers insuff.
Reasons for trial by jury
- more likely to be acquitted
-if held in custody awaiting trial, serve part of sentence in prison
-D more likely to get legal aid
-lawyer more experienced
Reasons against trial in CC
-Longer wait before case dealt with
-judge greater sentencing powers
What are the two routes of appeal from the magistrates court?
-Appeals to the crown court
-Case stated appeals
Appeals from MC to CC
-only available to defence
-normal route of appeal
-only against sentence if pleaded guilty. Confirm or increase or decrease (only inc up to max for M’s)
-against conviction and sentence if not guilty plea. Reheard by judge and 2 mag. Confirm/vary conviction and or sentence or find guilty of lesser offence
Case stated appeals
-Point of law, go to QBD DC from MC or from appeal to cc
-P & D
-MC/CC asked to state case, setting out findings of fact and decision. Appeal on basis of what law is on those facts, no witness, panel of 2/3 judges
-mag came to wrong decision bc made a mistake about law. DC can confirm vary or reverse or send back to M to implement decision on law
-less than 100 a year
-poss to further appeal to SC
Case for further appeal from DC to SC
-C v DPP
-13 yr old boy conv in MC for interfering w motorbike w intent to theft or to take and drive away w/o consent
-concerned crim responsibility of children 10-14. Before this, only be convicted if P proved he knew what was doing was wrong
-DC held children more mature and rule not needed
-further appealed, SC overruled DC, law was still that children of this age didn’t know they were doing wrong. Not necessary intention. Original confirmed.
What are the 4 routes of appeal from the CC by the dft to the COA
- Leave to appeal
- Grounds for appeal
- New evidence
- Court of appeals power
Leave to appeal
-Criminal appeal act 1995 - D must get leave to appeal (permission) by a judge from COA. Filter out cases w/o merit. If fail can appeal to whole COA
Grounds for appeal
-Criminal appeal act 1995 states COA
-allow appeal against conv if think unsafe
-dismiss appeals in any other case
New evidence
D can apply to introduce new evidence
-must appear to be capable of belief and afford ground for appeal
-considered if admissible a the try and why it was not produced
COA power
-Allow D’s appeal and quash
-vary conviction to less offence and/or
-decrease (not inc) any sentence
-dismiss appeal
-order that there should be a retrial
Appeals from the CC by the prosecution to the QBD or COA
- Against judges ruling
- Against acquittal
- Referring a point of law
- Against sentence
Against judges ruling
-P can appeal against ruling on POL which stops case (CJA 2003)
-Makes sure error of judge doesn’t lead to acquittal
Against acquittal
- Where acquittal due to jury being nobbled (jury bribed or threatened)
- New or compelling evidence of guilt, and in public interest (CJA 2003) only for 30 serious offences - double jeopardy. DPP has to consent to reopening of investigations - ann ming, Stephen Lawrence, Michael weir
Referring a POL
-After acquittal s36 CJA 1972, AG can refer POL to COA to get ruling
-decision by COA doesn’t affect acquittal but precedent for future
-if judge made error on explaining law to jury
Against sentence
S36 CJA 1988, AG can apply for leave to refer unduly lenient sentence to COA
-cases brought to AG by CPS, public can also contact AG’s office
Further appeals
-P and D can appeal from COA to SC but need to have point of law of general public importance and leave to appeal from SC or COA
-only against conv or acquittal
-less than 20 a year
