criminal courts- criminal appeals- ELS (1) Flashcards
what are the 2 courts of first instance
- magistrates court
- crown court
what cases do the magistrates court hear
1) all summary cases - trial and sentence
2) some triable either way cases (usually minor) (they will decide if they have the jurisdiction to hear the case)
3) the first hearings of all indictable cases for bial and legal funding- these will then go to crown court after this intial hearing. JUST ADMIN HEARING
what are the magistates maximum sentencing powers
unlimited fine
and/or
6 months prison= 1 offence
12 months= 2 or more offences
what act gives the magistates court addtional powers
LASPO (legal aid, sentencing and punishment of Offenders Act 2012) gives the court additional powers to issue high penalties on offenders who have committed ‘level 5’ offences
what personnel try the cases in the magistates court
lay magisates decide both guilt and sentence
what are the magistrates other powers
- granting bail
- deciding legal aid
- granting of search/arrest warrants
- extension of custody times
what cases does the crown court hear
- some triable either way (more serious)
- all indictable cases
what are the crown courts sentecing powers
has unlimited sentencing powers
they will use the sentencing guidelines to decide the most appropriate sentence
who are the personnel who try the cases
judge and jury
judge decide the sentende
lay jury decide the guilt
what are the crown court other powers
it has the jurisdiction to hear appeals from the magistrates court
what would the defence be appealing against
1) sentence, may believe it is too harsh
2) conviction, as they believe they are wrongfully convicted
describe the defence appeal route from the magistates court
1) case originally heard in magistrates for D to plead guilty or magistrates will have to decide if D is guilty.
2) case is then appealed and completely reheard by a district judge and 2 magistrates in the crown court
3)conviction may be confirmed, reversed or varied to find the D guilty of a lesser offence
4) crown court can then confirm the sentence or increased
what is a case stated appeal
where the D or the prosecution are appealing a point of law ( hasnt applied the law correctly )
describe the case stated appeals to the king’s bench division court from the magistrates court
1) case originally heard in magistrates for D to plead guilty or magistrates will have to decide if D is guilty.
2) case is then appealed against a conviction on a point of law and prosecution can appeal against acquittal
3) appeal heard in the kings bench division of the high court by 2 or 3 high court judges and sometimes a crown court judge
4) court may confirm, vary, or reverse the decision or send the case back to the magistrates court to implement the law correctly
describe what happens to further appeals from the magistrates court
- applied further to the criminal division of the court of appeal and then to the supreme court
what must further appeals have
- must have a point of law of public importance
describe defence appeals from the crown court
- case is originally heard in the crown court
- defendant may appeal against conviction and/or sentence on grounds that the conviction is unsafe
- leave to appeal required and application must be made within 28 days
- the court may order a retrial or quash the conviction
- sentence may be reduced on appeal but not increased
describe prosecution appeals from the crown court
- case originally heard in the crown court
- prosecution may ask the Attorney General to seek leave to appeal in respect of an unduly lenient sentence
- prosecution appeals to the kings bench division
- prosecution may appeal against acquittal due to jury tampering
describe what happens to further appeals from the crown court
- appeals can be appealed further to the supreme court
- appeal must involve a point of law and public importance
- available to both prosecution and defence
