criminal courts and lay people Flashcards
e.g. different courts, verdicts, form of trial and judge
explain the criminal process
- heard in magistrates or crown court
- pleads guilty: receive a sentence
- pleads not guilty: trial, burden of proof on prosecution
- trial is adversarial *(prosecution/defence crossexamin) *
- guilt is decided by district judge or lay magistrates or jury
160 in england and wales
explain the jurisdiction of the magistrates’ court
*e.g. cases they deal with and who they’re heard by
- deal with cases with their geographical area
- heard by magistrates (legally or non-legally qualified)
jurisdiction:
1. summary cases
2. triable either way cases
3. first hearing of indictable offences before crown
4. preliminary matters with criminal cases
5. cases in Youth Court, aged 10-17
84 different locations throughout england and wales
explain the jurisdiction of the crown court
e.g. cases they deal with, how it’s heard, what the judge does
- deals with all indictable offences and some triable either way
- sits alone to hear pre-trial matters, jury decides verdict
what the judge does:
1. control court
2. rule on relevant issues of law
3. direct jury on law and evidence
4. impose a sentence if defendant is guilty
describe the role of the prosecution
- CPS advises police on offence to charge
- lawyers direct police on evidence
- lawyers present case and prove D guilty beyond reasonable doubt
offence, evidence and guilt
describe the role of the defendant
- person charged with criminal offence
- don’t have to disprove prosecution case
- have to cast sufficient doubt on prosecution
offender, no proving, sufficient doubt
e.g. seriousness, court it’s heard in, levels and examples
explain a summary offence
- least serious offence, tried in magistrates
- level 1: max £200, level 5: unlimited
- example: common assault, drunk and disorderly
e.g. court it’s heard in, difference in verdict and examples
explain a triable either way offence
- heard in either magistrates or crown court
- magistrates take it as summary, send it to crown
- crown treat it as an indictable offence
- example: ABH, theft of property over £200
e.g. seriousness, court it’s heard in, sentencing and examples
explan an indictable offence
- most serious and only tried in crown court
- preliminary in magistrates, NG = jury, G = judge
- impose any sentence up to max that’s in the Act
- example: murder, manslaughter and robbery
over 90% of D plead guilty in magistrates
explain the pre-trial procedures for summary offences
e.g. explain case management system
- magistrates consider sentence if pleaded guilty, hearing of brief facts before deciding sentence
- minor driving offences, D plead guilty by post
- D pleads NG, magistrates discover issues, set a date for trial
set out in Magistrates’ Courts Act 1980
explain the pre-trial procedures for triable either way offences
e.g. plea before venue and mode of trial
plea before venue: D can’t request crown
- G: heard by magistrates, sentencing hearing
- NG: magistrates decide where case is heard
mode of trial: how to decide appropriate court
- if case invovles complex points of law, breach of trust, offences committed by organised gangs
e.g. first hearing, PTPH, indictiment, disclosure by P and D
explain the pre-trial procedures for indictable offences
first hearing: magistrates establish D’s identity
- bail vs custody and if D receives legal aid
PTPH: plea and trial preparation hearing
- takes plea, sets trial date, timetable for pre-trial preparation and provision for further case management
indictiment: sets out charges against D
- drawn up for further offences or has several counts
disclosure:
- prosecution: set out all evidence, undisclosed material
- defence: nature of defence, matters of fact, points of law, any alibi/witnesses
only available to defence
explain appeals from magistrates to crown court
e.g. difference in pleas
- G: appeal only made about sentence, can be increased or decreased but only increased to mag’s MAX power
- NG: appeal made against conviction or sentence, hold a rehearing, can confirm/vary/find them guilty/lessen sentence
case: C V DPP went all the way to supreme court
explain case-stated appeals
e.g. type of appeals, who can use it and decision
- appeals on point of law straight to KBD
- used for both prosecution and defence
- court may confirm, reverse or vary the decision
CC - CA - SC
explain appeals from the defendant in the crown court
e.g. appeals, leave, CAA 1995 and new evidence
- appeals: against conviction and/or sentence
- leave: decided by single judge, filter out cases without merit and save time
- CAA 1995: “if conviction is unsafe”, D denied fair trial
- evidence: appear capable of belief, whether it would be admissable at trial, why it wasn’t produced at trial
e.g. 5 different powers
explain the court of appeal’s powers
1. allow an appeal, quash a conviction
2. vary conviction to lesser offence
3. decrease sentence imposed (not increase)
4. dismiss appeal
5. order a retrial in front of a new jury
allow, vary, decrease, dismiss or retrial
