Criminal courts and the appeals process

Question 1

What is an acquittal?

Answer 1

A judgement verdict that a person is not guilty of the crime with which they have been charged

Question 2

Conviction

Answer 2

A formal declaration by the verdict of a jury or the decision of a judge in a court of law that someone is guilty of a criminal offence

Question 3

Case stated

Answer 3

The written statement setting out the facts of a case. This can be reviewed by a judge in a higher court.

Question 4

Summary offences

Answer 4

An offence that can only be tried in the Magistrates court e.g. driving offences

Question 5

Triable-either way offences

Answer 5

An offence that can either be tried in the Magistrates court or the Crown court e.g. theft, ABH

Question 6

Indictable offences

Answer 6

An offence that has to be tried at the Crown court e.g. murder, manslaughter, GBH

Question 7

What is the criminal court pre-trial procedure for a summary offence?

Answer 7

Takes place in the Magistrates court where court hears applications for bail or legal aid as well as representation of a duty solicitor.

Question 8

What it the plea for a summary offence?

Answer 8

Guilty or not guilty.
It is possible for cases to be dealt with at first appearance in court but often an adjournment may be needed. Magistrates will want a pre- sentence reports on a D who pleads guilty, before they decide what sentence to impose. When a defendant wishes to plead not guilty, there will almost always have to be an adjournment. Main points on an adjournment is whether the defendant should be remanded on bail or in custody.

Question 9

Where is a summary offence tried?

Answer 9

Magistrates court only

Question 10

What is the early administrative hearing for an indictable offence?

Answer 10

Deals with D wanting to apply for public funding via a legal aid application and deal with bail application. The cases is then sent to the Crown court immediately.

Question 11

What is the plea of an indictable offence?

Answer 11

The defendant will plea guilty or not guilty. If guilty plea there is sentencing. If not guilty, there will be a pre-trial review and the prosecution and defence have to inform court ANY issues with the case e.g. any conflicting witness statements, number of witnesses etc.

Question 12

Where is a triable either-way offence case held?

Answer 12

Either the magistrates court or the crown court

Question 13

What is a triable either-way offence plea before venue hearing?

Answer 13

Applies only to these types of offences. Defendant is asked if they pleads guilty or not guilty. If the plea is guilty, then the D has no right to ask for the case to be heard at Crown Court. Although the magistrates may decide to send the defendant to the Crown Court for sentence.

Question 14

Why does a mode of trial hearing happen?

Answer 14

If the defendant pleads not guilty then the magistrates must carry out ‘mode of trial’ proceedings to decide whether the case will be tried.

Question 15

What is a mode of trial hearing?

Answer 15

Magistrates first decide they have jurisdiction, in making this decision they must consider the nature and seriousness of the case, their own powers of punishment and any representation of prosecution and defence. Cases involving complex questions of fact or law should be sent to Crown Court.

Question 16

Which act is important in triable either-way offences?

Answer 16

Magistrates Court Act 1980 - must consider the nature or seriousness of the case.

Question 17

What is the defendants election?

Answer 17

If the magistrates are prepared to accept jurisdiction, the defendant is then told he has the right to choose trial by jury, but may be tried by the magistrates if he agrees to this course. He is also warned that if found guilty the magistrates can send him to the Crown Court for sentence if they feel that their powers of punishment aren’t sufficient.

Question 18

What are the reasons for jury trial?

Answer 18

• Defendants are more likely to be acquitted
• Where defendants were held in custody awaiting trial, a wish to serve part of the sentence in prison.
• Defendant is more likely to get legal aid; state will pay for legal representation.
• Lawyer more experienced at presenting cases in court

Question 19

Reasons against jury trial

Answer 19

• Longer wait before the case is dealt with than for cases in the Magistrates Courts
• Judge has greater sentencing powers

Question 20

What are the two appeals from the Magistrates Court?

Answer 20

• The Crown court
• KBD of High Court

Question 21

What are these appeals to the Magistrates Court dependant upon?

Answer 21

The route used will depend upon whether the appeal is only on a point of law or whether it is for other reasons

Question 22

Appeals from the magistrates court to the crown court

Answer 22

Only available to the defence. If they plead guilty it can only be an appeal against sentence. If they plead not guilty, they can appeal against sentence or conviction. The defendant has an automatic right to appeal. This can confirm sentence, increase or decrease. However, any increase can only be what the magistrates can do.

Question 23

What is a case stated appeal?

Answer 23

Appeal in the administrative court. This can be for both the prosecution and defence which can be either direct from Magistrates or following an appeal at the Crown Court. Defendant can appeal against a conviction, prosecution against an acquittal. Appeal is argued on basis of what the law is; no witnesses.

Question 24

Appeals made to the supreme court

Answer 24

Can only be made if:
- Divisional court certifies that a point of law of general public concern is involved.
OR
- The divisional court or supreme court gives permission to appeal because the point of law is one that ought to be considered by the supreme court.
e.g. C v DPP

Question 25

C v DPP

Answer 25

Concerned legal point about the presumption of criminal responsibility of children from the age of 10-14th birthday.
- Argued that times have changed - children have matured and rule of children being convicted if they knew they were wrong (of 10-14) was wrong.
- Appealed to HoL, who said that children of this age were presumed to not know what they were doing was wrong.
- HoL ruling was that the Parliament should make a major change in the law, not courts.

Question 26

Appeals by the defendant to COA

Answer 26

1. Leave to appeal
2. Grounds for appeal
3. New evidence
4. Court of Appeals power

Question 27

Leave to appeal

Answer 27

Defendant must get lead to appeal. This means that cases started without merit are filtered out and court’s time saved. Considered by a single judge of the CoA in private, although if he refuses it is possible to apply to a full CoA leave.

Question 28

Grounds for Appeal

Answer 28

Criminal Appeal Act 1995 simplified grounds for a court to allow an appeal. Conviction is unsafe and shall dismiss such an appeal in any other cases.

Question 29

New evidence

Answer 29

Can be admitted by the defendant only if there is a belief that would afford a ground to appeal

Question 30

Court of appeal’s powers

Answer 30

COA may dismiss a conviction if it is unsafe and can vary the decision made. They can also dismiss the appeal if they feel it is safe to do so. If the appeal is against a sentence, the COA can decrease but not increase the sentence. Power was given to the court in 1988.

Question 31

Appeals by the prosecution to the QBD or CoA

Answer 31

Originally had no right to appeal against either verdict or sentence.
1. Against a judge’s rulings
2. Against acquittal
3. Referring a point of law
4. Against sentence

Question 32

Against a judges ruling

Answer 32

If trial judge gives a ruling on a point of law which effectively stops a case against a defendant, prosecution now has the right to appeal against ruling. Criminal Justice Act 2003 gave this right - makes sure it doesn’t lead to acquittal.

Question 33

Against acquittal

Answer 33

Only two situations where the prosecution can appeal against an acquittal that has been made by the jury:
The acquittal was due to the jury being ‘nobbled’ this power is given under the Criminal Procedures and Investigations Act 2003 for 30 serious offences. Where there is compelling evidence of the acquitted persons guilt.

Question 34

Referring a point of law

Answer 34

If a judge made an error in law there is a right under s30 of the Criminal Justice Act 1972 for the AG to ask COA for a ruling on this point - not to change outcome but to set precedent.

Question 35

Against sentence

Answer 35

Criminal Justice Act 1985