Criminal Courts- Classification of Offences & Appeals Flashcards
State and Explain the 3 Classifications of Offences.
- Summary Offences- least serious offences, tried in Magistrates’ Court. Punishments- up to 6 months in prison, up to £5,000 fine. E.g. driving offences.
- Triable-Either-Way Offences- Middle range offences, tried in either Magistrates’ or Crown Court. If defendant pleads guilty, case heard in magistrates’, if pleads not guilty, case goes for trial by Jury at Crown Court. E.g. common assault, stolen goods less than £200.
- Indictable Offences- Most serious offence, plea hearing at Magistrates’, always heard in Crown Court. Offences such as murder and robbery.
What is the Hierarchy in the Criminal Appeal Process? (lowest to highest)
- Magistrates’ Court
- Crown Court
- High Court of Justice- includes KBDC
- Court of Appeal
- Supreme Court
What are the appeal routes, from the Magistrates’ Court?
- To the Crown Court
- To the KBD- case stated appeal
What can be appealed from the Magistrates’ Court?
- Sentence
- Conviction
- Point of Law (Case stated appeal)- Only for KBD
What happens to a case once it is transferred to the Crown Court?
- Completely reheard by 1 Judge and 2 Magistrates
What are the 3 possible outcomes that can arise from appealing against Conviction?
- Confirm (remains the same)
- Reverse
- Vary (lesser offence)
What are the 4 possible outcomes that can arise from appealing against the Sentence?
- Confirm
- Increase (Magistrates’ Maximum)
- Decrease
- Vary
Describe what happens when the Point of Law (from the Magistrates’ Court) is appealed.
- Goes to Administrative Court
- Then goes to King’s Bench Divisional Court
- Defence and Prosecution can use this appeal route
- Made directly from Magistrates’ Court or from Crown Court
- Appeals heard by 2 or 3 High Court Judges from KBD
- Only used by Defendant for a conviction or Prosecution after an acquittal where it is claimed the Magistrates’ came to the wrong decision because they made a mistake on a point of law
- No witnesses called, based on facts.
What are the 4 possible outcomes that can arise from an appeal on a Point of law?
- Confirm
- Vary
- Reverse the decision
- Remit (send it back to Magistrates’ Court)
Without which 2 points is it impossible to appeal to the Supreme Court?
- KBD has certified the case involves point of law of general public importance.
- KBD or Supreme Court given permission to appeal because point of law ought to be considered by Supreme Court.
What type of Offences do the Crown Court hear?
- Indictable Offences
- Either-way Offences, if Magistrate or Defendant decides on trial by jury. Sent to Crown Court if Magistrates feel their powers are inadequate.
What can a Defendant appeal to the Court of Appeal against?
- Conviction
- Sentence
What must the Defendant get in order to appeal from the Crown Court to the Court of Appeal (criminal division)?
1) ‘Leave’ from Court of Appeal
2) Certificate that case is fit for appeal from trial judge
- To get ‘leave’ defence solicitor will submit application stating points to appeal, applied within 28 day of Crown Court hearing and considered by 1 Court of Appeal Judge.
Describe what happens when appealing against sentence to the Court of Appeal - from the Crown Court?
- Court of Appeal can decrease sentence but can’t increase
- If Court of Appeal decides Conviction is safe (rightly decided) they will dismiss appeal- defendant remains convicted of crime and will be sentenced accordingly.
Describe what happens when appealing against conviction to the Court of Appeal - from the Crown Court?
- If defendant granted leave for appeal, must be heard by at least 3 Judges in Court of Appeal
- Appeal hearing not a retrial , just Crown Court trial facts readout and representations made by solicitors involved
- If Court of Appeal decides conviction is unsafe (wrongly decided), can allow defendant’s appeal and quash conviction
-Can also lesser offence Jury convicted at trial.
How can the Prosecution now appeal from the Crown Court and what can they appeal against?
- Used to have no rights to appeal against verdict or sentence from Crown Court
- Parliament slowly introduced limited rights
Can now appeal to Court of Appeal on the following grounds:
- Against a Judge’s ruling
- Against acquittal
- Referring a point of law
- Against Sentence
Describe how the Prosecution can appeal against a Judge’s Ruling- from the Crown Court?
- Ask for an appeal if trial judge gives ruling that effectively stops case against defendant
- Usually on points of law
- To ensure there’s no false acquittals at judge’s error of law
When can the Prosecution appeal against an acquittal, from the Crown Court?
1) When acquittal was the result of the Jury being ‘Nobbled’ (influenced)
2) When there is new and compelling evidence against defendant’s guilt and it is in public interest that case be retired.
How can the Prosecution appeal against referring to a point of law, from the Crown Court?
- If judge made error in explaining law to jury
- Only made if Defendant has been acquitted
- Attorney-General can refer point of law to Court of Appeal to get a ruling on point of law, outcome won’t affect acquittal but can affect future rulings on that point of law.
How can the Prosecution appeal against a Sentence, from the Crown Court?
- Prosecution can’t appeal to Court of Appeal against Sentence imposed on Defendant
- Attorney-General, can apply for leave to appeal if it appears sentence is unduly lenient (too light)
- Court of Appeal may review sentence and possibly re-sentence.
When and How can both the Prosecution and Defence appeal from the Court of Appeal to the Supreme Court?
1) Court of Appeal certified case involves point of law of general public importance.
2) Court of Appeal or Supreme Court has given leave to appeal
- Very few criminal appeals held in Supreme Court
- Cases heard here can be serious law changers, recommendations made to Parliament co change law and give highest level of Supremacy.
