Criminal Courts And Procedures Flashcards
What are the two courts of first instance?
•magistrates
•crown
Summary offences
Level of seriousness: least serious
Court dealing with case: mags
Who will decide verdict: mags
Who will sentence D: Mags
Triable either way offences
level of seriousness: mid serious
court dealing with case: mags + crown
who will decide the verdict: mags or Jury
who will sentence D: mags or judge
Indictable offences
level of seriousness: very serious
Court dealing with case: crown
who will decide verdict: jury
who will sentence D: judge
Procedure for summary offences
• Initial hearing at mags
• D identity confirmed by clerk and D enters a plea
• If D pleads guilty there will be a sentencing hearing
-brief statement of facts from prosecution as well as any statements D wants to make
•Mags announces statement
•If D pleads not guilty, mags will try to discover the issues involved in the case, decide on bail, then set a date for trial
Procedure for TEW offences
•initial hearing at mags (a plea before venue hearing)
•D identity confirmed by the clerk and then D enters a plea
• If D pleads guilty there will be a sentencing hearing
-brief statement of facts from prosecution as well as any statements D wants to make
•Mags announces statement
•OR if they feel they cannot give a harsh enough sentence with their own powers they can move it to the crown court
•if D pleads not guilty mags perform a mode of trial hearing to jurisdiction.
•Mode of trial hearing consists of 2 parts
-mags decide if case is suitable for mags court (Magistrates Court Act 1980)
-consider factors such as nature and seriousness
•if mags feel they cannot handle case then it goes to crown
•if mags think they can handle case D decides which court to have trial in
•if D chooses mags, mags will try to discover issue then set a date for trial
•if D chooses crown then pre-trial matters will be handled by crown
Procedure for indictable offences
•initial hearing at mags (Early Administrative Hearing)
•D identity confirmed by clerk then Mags decide on bail and legal aid
•asap plea and trial hearing at crown
•D enters a plea
•If D pleads guilty, sentenced by judge
•if D pleads not guilty then the relevant issues will be discovered, date set for trial, a timetable for pre-trial preparation will be made, and if needed a Further Case Management Hearing can take place
•prosecution and defence have to go through ‘disclosure’
•Prosecution must set out all evidence they prepare to use at the trial
•defence must give a written statement to prosecution
The defence must give a written statement to the prosecution that includes:
• Nature of defence being raised
• Any facts in dispute
• Any points of law being raised
• Any alibi and witnesses supporting the alibi
Explain how a mode of trial hearing works
-used for TEW offences such as theft to decide of case will be handled in mags or crown
-first mags decide if it is within their jurisdiction or if they must send to crown
-do this by looking at several factors: nature and seriousness e.g theft for small amount=mags but big amount=crown. Complexity: e.g D uses insanity as defence, needs medical reports etc. If the case involves organised crime or a breach of trust
-If the mags conclude they can hear the case, D then gets to ‘elect’ whether he would
prefer a trial by 3 magistrates or in front of 12 jury members in the Crown.
-Some defendants choose crown due to the acquittal rate being higher, because of issues such as witnesses not showing up to testify, directed acquittals,
and juries generally being more sympathetic than magistrates. D is more likely to get a good lawyer in the Crown because lawyers must have a certificate of advocacy to appeal on the Crown Court and legal aid is also easier to obtain due to the means test being less restrictive.
- D may choose Magistrates court because trials are much shorter and cheaper in the mags, and very few people actually qualify for legal aid anyways. D is found guilty then the mags have lower sentencing
powers than the Crown (although, it is possible for the mags to transfer the case to
the Crown for sentencing anyway).
-Once D makes his election, the mode of trial hearing is concluded and the case will
continue in the relevant court.
Explain the factors D must consider when electing a court in a mode of trial
hearing
-some defendants may prefer the mags due to the trials being much shorter and cheaper (a half day compared to several days)
-save D time and stress as well as keeping the costs low
-If D cannot get legal aid, then he will want to keep the costs of his lawyer and court fees lower
by going to the mags.
-if D is found guilty, the magistrates have lower sentencing powers than the Crown (although, it is possible for the mags to transfer the case to the Crown for sentencing anyway).
-if D is tried/sentenced by the mags, he may benefit from the fact they have local knowledge and therefore may understand D’s circumstances better than a judge/jury who may not be so sympathetic.
-some Ds may prefer to go to the Crown due to the acquittal rate being higher – 15% in the mags compared to over 60% in the Crown.
-This is because of issues such as witnesses not showing up to testify, directed acquittals, and juries generally being more sympathetic than magistrates
-D is more likely to get a good lawyer in the Crown. This is because lawyers must have a certificate of advocacy to appeal on the Crown Court
-D is more likely to receive legal aid I they go to the Crown court due to the means test being less restrictive than the Mags.
-if D thinks he is likely to be found guilty, any time he spends in remand will
be considered as time served. Because remand is ‘nicer’ than prison, it benefits D
that the Crown Court case will take longer to be heard, as he will spend less time in
prison and more time in remand.
Explain the jurisdiction of the magistrates court.
-For summary offences and triable offences that do not go up to the Crown, 3 lay Magistrates will listen to the evidence in the case and the court clerk’s advice before deciding a verdict in the Magistrate’s court.
-If they find D guilty, they can also sentence them up to 6 months in prison (for summary offences; 12 months for triable offences), or an unlimited fine.
-If the D is between 10 -17 years old, a specially trained Magistrate will hear their trial
in the Youth court rather than the Magistrates court.
-If D disagrees with the guilty verdict or sentence he may appeal to the Crown court. 2 Magistrates may have to hear these appeals with a judge.
-if TEW is going to the Crown for its trial, then mags prepare this case initially. They also prepare indictable offences before sending them up to the crown for their trial
-in all cases, mags are responsible for granting bail or remand. Bail may be granted with certain conditions attached like surrendering passport.
-Magistrates can also issue warrants for police officers to search someone’s property.
-issue summons to witnesses to compel them to
come to court.
-extend police custody time to let them hold someone for questioning for a maximum for 96 hours.
Explain the jurisdiction for the crown court
-The crown court handles less than 3% of criminal cases in the UK, as the majority
are handled by the Magistrates Court.
-The Crown Court will only hear indictable, or triable either way offences where the
Magistrates decide they cannot handle it themselves, or the defendant has elected to
have a trial at the Crown.
-If a defendant pleads guilty in the Crown court, a judge will decide their sentence –which can be anything up to the maximum sentence for that crime.
-If a defendant pleads not guilty, a judge will handle the pre-trial procedure during a ‘case
management hearing’ and set a date for trial. The defendant will then have a trial in front of 12 members of the jury, who take legal advice from the judge but make a decision based on the evidence.
-Judges in the crown court will also hear appeals against conviction and sentence
from the Magistrates court, alongside 2 magistrates.
