Criminal Courts Ch11 Y1

Question 1

What are the three classifications of an offence?

Answer 1

Summary
Indictable
Either-way

Question 2

How is a Summary offence tried?

Answer 2

In the Magistrates Court

Question 3

What is the maximum sentence for a Summary offence?

Answer 3

6 months custodial, or 12 months for 2 offences

Question 4

How is a Indictable offence tried?

Answer 4

In the Crown Court

Question 5

What is the maximum sentence for a Indictable offence?

Answer 5

Life imprisonment

Question 6

How is a Either-Way offence tried?

Answer 6

In either the Magistrates or the Crown court.

if D pleads guilty, case is heard by a magistrate

if D pleads not guilty, D has right to ask for a crown court trial.

Magistrates can also decided the case is to serious, and send it to the crown court

Question 7

What is a Case stated appeal?

Answer 7

Availiable to Defence and Prosecution. used to appeal a decision on a point of law. used to appeal aquittal, or conviction.

Question 8

What is the normal appeal route from the magistrates court?

Answer 8

Crown court appeals

This is only availiable to the defence and is used to appeal conviction or sentence, if D plead not guilty. However if D plead guilty, conviction can not be appealed.

Question 9

What is Leave to Appeal?

Answer 9

Permission from a judge, that a case is fit for appeal

Question 10

On what grounds can the court of appeals allow an appeal from a defendant, and what act states this?

Answer 10

a) Shall allow an appeal against conviction if they think the conviction is unsafe
b) shall dismiss such an appeal in any other case

The Criminal Appeal Act 1995

Question 11

For what reasons my the prosecution appeal a crown court case?

Answer 11

1) against a judges ruling on a point of law, where the ruling effectively stops the case
2)