Criminal Courts and Appeals

Question 1

Three types of criminal offences

Answer 1

• Summary
• Triable-either way
• Indictable

Question 2

Summary offence

Answer 2

• Least serious
• Heard in M’s court
• EG: assault// battery

Question 3

Triable either way offence

Answer 3

• Middle range offences
• Heard in M’s or Crown Court
• EG: ABH//theft

Question 4

Indictable offence

Answer 4

• Most serious cases
• Heard in crown courts
• EG: wounding with intent// murder// manslaughter)

Question 5

Jurisdictions of M’s Courts

Answer 5

• tries all summary cases & triable either way offences that can be dealt in M’s
• max sent: 6 or 12 months for two triable either way offences
• Lay magistrates or district judges

Question 6

Jurisdictions of Crown Courts

Answer 6

• Trials indictable offences
• Either way offences from M’s court
• Appeals from M’s court (against conviction or sentence)
• Judge and Jury

Question 7

Summary offences

Answer 7

• Least serious
• Tried in M’s
• EG: Driving whilst disqualified//common assault//being drunk&disorderly

Question 8

Triable either way offences - procedure

Answer 8

• Begins in M’s ‘plea before venue’
• IF plead guilt : M’s pass sentence if have power, if not Crown’s sentencing power
• IF plead not guilt : ‘mode of trial’ hearing where M’s decide whether they have power to deal w case, if so D has choice between M’s or Crown’s. If M’s don’t have power automatically sent to Crown’s.

Question 9

Indictable offence - procedure

Answer 9

• Start at M’s, then crown for plea prep for trial hearing within 28days.
• If plea guilty at hearing = adjourned
• If plea not guilty = trial date set (jury trial in crown’s)

Question 10

What is an appeal?

Answer 10

Defence or prosecution can apply to higher court to review and change decision of lower court.
- Why: errors of fact//law//procedure

Question 11

What act governs appeals?

Answer 11

Criminal Appeals Act 1995

Question 12

Appeals from magistrates
(To Crown Court)

Answer 12

• Plead guilty: D can appeal against conviction
• Plead not guilty - D can only appeal sentence.
• Appeal heard by circuit judge , 2 lay magistrates
• Conviction: upheld, quashed,substituted
• Sentence: reduced/increased

Question 13

Appeals from Crown Court
D’s Appeal

Answer 13

• Conviction appeal: D proves conv unsafe, due to eg miscarriage of justice, misinterp of law, new evidence to light.
• Sentence appeal: D argue sentence unduly harsh or too lenient.

Question 14

Appeals from Crown Courts
Prosecution’s Appeal

Answer 14

• Against acquittals (double jeopardy) : under criminal justice act 2003, if new compelling evidence prosecution can appeal an acquittal in serious cases like murder rape etc.
• Attorney General’s Reference if sentence is believed to be unduly lenient