Criminal courts and appeals Flashcards
Pre trial procedure for summary 8m
imprisoned or fined
organise trial (conducted by CPS)
always have 1st hearing in magistrates
can be done in 1st hearing ,want to complete quick
plead guilty = magistrates decide sentence immediately
plead not guilty = discover issues, proceed
adjournment needed = CPS need more info, common when d is in custody, d needs advice, want a pre-sentence report (guilty)
PTPH = plea and trial preparation hearing, arraign d, set trial date, prepare the indictment, provide timetable
Pre trial procedure for triable either way 8m
imprisoned or fined
organise trial (conducted by CPS)
always have 1st hearing in magistrates
gives plea in magistrates
plead guilty = can’t ask for crown (jury), magistrates can refer to crown if out of power (complex or breaching trust such as gangs)
Plead not guilty = magistrates decide where it goes (complex or breaching trust such as gangs), d can request crown court
PTPH = plea and trial preparation hearing, arraign d, set trial date, prepare the indictment, provide timetable
Pre trial procedure for indictable 8m
imprisoned or fined
organise trial (conducted by CPS)
always have 1st hearing in magistrates
trial and decision made in crown court
PTPH = plea and trial preparation hearing, arraign d, set trial date, prepare the indictment, provide timetable
Criminal offences classification 8m
Summary = least serious, only in magistrates in full, minor criminal offences, most driving offences
Triable either way = magistrates or crown, where it’s tries is based on the plea, medium severity, theft
Indictable = most serious, first hearing in magistrates then transferred to crown, use of a jury, extremely damaging, murder
Magistrates court process 8m
Plead guilty = CPS present case facts, ask d if they agree with facts ( no = hearing to establish facts), past records/convictions given to court, other info such as financial sitch given, relevant reports considered, speech in mitigation given (why sentence should be long/short), magistrates decide sentence
Plead not guilty = burden of proof on prosecution (investigate any statements made), prosecution witness (examination in chief), cross examine, prosecution produce relevant exhibits, defence may submit no case to answer, closing speeches, magistrates decide sentence
Crown court process 8m
jury sworn in
prosecution make opening speech to jury, about the case and what they intend to prove
prosecution witness called (cross examined by defence)
prosecution provide evidence
defence able to submit no case to answer
defence make opening speech
defence witness called ( cross examined by prosecution)
both closing speeches
judge sums up case for jury who then retire to deliver their verdict
Appeals to crown court 8m
From magistrates
only available to defence
plead guilty = appeal can only be against length of sentence, can confirm/ increase/ decrease (only up to max of magistrates)
plead not guilty = appeal conviction or sentence, confirm or vary, may be found guilty of lesser offence, 1 judge and 2 lay magistrates (complete rehearing or new evidence)
Case stated appeals 8m
Appeal on a point of law to KBD
against acquittal or conviction
from crown or magistrates
old court state the case (facts and decision)
base decision on law of the facts
heard by 2/3 high court judges
approach = mistake was made due to interpreting the law wrong
confirm/vary/reverse decision, send case back with new implementation
Appeals to supreme court 8m
both prosecution and defence
case has to be certified (get leave) by supreme or COA
has to involve a point of law of general public importance
against conviction or acquittal legal arguments only
Appeals to COA 8m
From crown court = against conviction or sentence, get permission (leave) from a COA judge, previous unsafe conviction (d didn’t get a fair trial), new evidence that’s capable of belief (consider if admissible at previous trial and why not in it before)
Powers = allow an appeal, vary conviction to lesser offence, quash a conviction, decrease (not increase) sentence, dismiss the appeal, order retrial with new jury
Appeals by the prosecution 8m
Against an acquittal = if jury was ‘nobbled’ (bribed or threatened), new/compelling evidence, in public’s best interest for a retrial
A point of law = doesn’t change result of case but creates precedent for future cases
Against a sentence after conviction = done by attorney-general, apply for permission to refer a lenient sentence, or requested by member of the public
Magistrates 12m
Adv, speed, quicker to get a trial, less wait in prison
Adv, lower penalties, 6 months or 5K
Adv, done in local courts, know local issues, better understanding of the d and public wants
Adv, cheaper, can afford the trial process and better lawyer, understand more
Disadv, high conviction rate 85%, no jury
Disadv, could be transferred, d can still get a high penalty, expensive to pay for both trials
Disadv, worse advocates, don’t use barristers (less expertise)
Disadv, less likely to get legal aid, settle for worse lawyer, understand less
Crown 12m
Adv, low conviction rates, acquittal rate of 60%
Adv, better advocates, use barristers (more expertise)
Adv, more likely to get legal aid, afford better lawyer, understand better
Disadv, higher penalties, unlimited sentences/ fines
Disadv, waiting time, moths for a trial, have to wait in prison
Disadv, cost, more expensive trial and barristers are expensive
Disadv, public, more likely to be covered by press, bad rep
Aims of sentencing 8m
Retribution = d deserves to be punished for actions, victim/society get revenge, proportional to the crime/harm (an eye for an eye), every crime has a tariff (minimum for crime)
Reparation = make amends for the offence, given something (a remedy), compensation/ a letter of apology, may make reparations to society, unpaid work, restorative justice
Rehabilitation = preventing re-offending, potential to reform, forward looking aim, altering behaviour, drug rehabilitation programme
Role of CCRC 8m
Criminal cases review commission
main role = independent body, investigate claimed miscarriage of justice, refer cases to COA
investigation powers = obtain documents, appoint an investigating officer (assists with examining a case)
refer a case for appeal = has been previously appealed, real possibility that new argument/evidence could change conviction
Non custodial sentences 8m
Community order (unpaid work) = between 40-300 hours, project run by probation service, hours fixed by court, 8 hour sessions
Community order (curfew) = has to remain at fixed address for 2-16 hours a day, order can last up to 6 months, reinforced with tagging
Community order (supervision) = up to 3 years, meet officer for regular appointments
Aggravating factors affecting sentencing 8m
Factors = pre-sentence reports, medical reports, sentencing guidelines, guilty pleas, offender’s background
Factors in the commission of the offence = harsher sentence, assault using a weapon, theft against a vulnerable person, breaching a position of trust, a joint enterprise (working together)
Statutory factors = previous convictions, committed offence while on bail, racially or religiously motivated, gang related, vulnerable victim
Mitigating factors affecting sentence 8m
Factors = pre-sentence reports, medical reports, sentencing guidelines, guilty pleas, offender’s background
more lenient
given by d’s lawyer in a speech
co-operation with police, early guilty plea, no previous convictions, crime of impulse, an illness, personal circumstances (enrolment in a rehab programme), future reform possible (show genuine remorse)
Custodial sentences 8m
fine or community sentence can’t be justified
violent or sexual (public need protecting)
mandatory life sentence = used for murder,
12 years to a whole life order
discretionary life sentence = manslaughter/ rape, life sentence possible
fixed term sentence = fixed amount of time, serve half in prison then on licence for the rest
