criminal courts and appeals flashcards
what are the 2 criminal courts?
-magistrates court
-crown court
what is the procedure for summary offences?
-initial hearing in mags court
-if d pleads guilty then mags will sentence d
-if d pleads not guilty, mags will set a full date for trial
what is the procedure for triable either way offences?
-initial hearing at mags court (plea before venue hearing)
-if d pleads guilty then mags will sentence d
-if d pleads not guilty then there is a mode of trial hearing; mags can decide what court to hear it in and then the d also chooses and then a date is set for trial
what is the procedure for indictable offences?
-initial hearing at mags court (early administrative hearing) where mags consider bail and legal aid
-there is then a plea and trial preparation hearing in the crown court
-if d pleads guilty then a judge will sentence d
-if d pleads not guilty then a date for a full trial will be set and prosecution and defence must go through ‘disclosure’
what is the hierarchy of crim courts from most to least?
-supreme court
-court of appeal
-kings bench of divisional court
-crown court
-mags court
what can they do to the appeals from mags court during conviction?
-uphold it
-quash it
-vary it
what can they do to the appeals from mags court during sentence?
-uphold it
-decrease it
-increase it (but only to mags max sentence- 6 months)
what can they do to the appeals from crown court during conviction?
-uphold it
-quash it and may order a retrial
-vary it
what is the case for the appeals from crown court during conviction?
R v George
what can they do to the appeals from crown court during sentencing?
-uphold it
-decrease it
-cannot increase it
what are the cases for appeals from crown court during sentencing?
-R v Herbert
-R v Philpott
what are the 2 examples of appeals by the prosecution?
-appeal against acquittal
-appeal against an unduly lenient sentence
what are the 2 examples of appeals against acquittal with case examples?
-due to duty nobbling - R v Young
-new and compelling evidence - R v Dobson
what are 2 case examples of appeal against an unduly lenient sentence?
-R v Yates
-R v Sands
what is a case stated appeal - kings bench divisional court?
appellant is claiming the mags/judge got the law wrong. this claim can be made by prosecution or defence
