Criminal Courts + Lay People Flashcards
what courts are involved in criminal trials?
magistrates court
crown court
how is it decided which court a trial will be held in?
depends on category of crime
what are the three categories of crime/offence?
summary
triable either way
indictable
what are summary offences?
least serious crimes
always tried in the magistrates court
EXAMPLES
• minor driving offences
• common assault
where are summary offences tried?
always tried in the magistrates court - the lowest tier in the criminal justice system
usually in front of 3 lay (not legally qualified) magistrates with a legal advisor or a district judge
what is a triable either way offence?
mid range crime
can vary in the degree of harm caused
either tried in the crown court or magistrates court
EXAMPLES
• assault occasioning ABH
• theft
where will TEW offences be tried?
Either in the Magistrates Court or the Crown Court
Depending on how the defendant pleas as well as the complexity and seriousness of the offence
what is an indictable offence?
most serious crimes
always tried in the crown court
EXAMPLES
• Murder
• Manslaughter
basic info on magistrates court
lowest tier in criminal justice system, deals with the less serious crimes
made up of lay (not legally qualified) magistrates and some district judges, there is no jury
mags usually sit in threes while the judge sits alone
jurisdiction (powers) of the magistrates court
tries 97% of all cases, around 1 million a year - tries all summary offences and most TEW offences
determines guilt or innocence, if found guilty pass a sentence of up to 6 months imprisonment
conducts mode of trial proceedings for TEW offences to decide which court to try the case in
transfer proceedings for cases going up to the crown court
sends for trial hearings in indictable cases
issues search and arrest warrants
decides bail
responsible for the youth court which is a branch of the MC and deals with cases where D is aged between 10 and 17
where is an indictable offence tried?
Always tried in the Crown Court in front of a judge and jury due to the seriousness of the offence
basic info on crown court
deals with most serious criminal offences
cases are tried by a judge and a jury of 12 lay citizens
high court judges will try most serious offences while circuit judges or recorders will try all other offences
jurisdiction of the crown court
tries indictable offences and some either way offences
jury determines guilt or innocence and judge passes sentence if D is found guilty
deals with appeals from the MC against sentence or conviction
often deals with sentencing from the MC in cases where mags feel the most appropriate sentence is more severe than the power they have (limited sentencing powers of 6 months imprisonment) to give so will send the case up to the CC for sentencing as the judge can give longer sentences
what is a pre trial?
first hearing and plea before the trial begins
what is an early administrative hearing?
undertaken by a single magistrate
addresses issues of bail, legal aid, etc
what is the pre trial procedure for summary offences?
- Early Administrative Hearing - taken by a single magistrate who addresses issues regarding bail and legal aid
- Defendant will be asked if they plead guilty or not guilty
- If they plead guilty, the magistrates will sentence (with a limit of 6 months imprisonment)
- If they plead not guilty, a trial will take place where they’ll listen to evidence presented by defence and prosecution. Verdict will be reached and if D is found guilty then the mags will pass a sentence of up to 6 months imprisonment
what is the pre trial procedure for TEW offences?
- Early Administrative Hearing
- Plea before venue - defendant will be asked whether they plead guilty or not guilty
- GUILTY PLEA = case is automatically heard in the MC and the magistrates will sentence the defendant OR they can choose to send the case to the Crown Court if they feel they lack the sentencing powers for this offence (they may think the offence deserves a more serious sentence)
- NOT GUILTY PLEA = mode of trial procedure where the magistrates will decide what court to try the case in, they’ll consider whether or not they have the adequate jurisdiction and sentencing powers
ACCEPT JURISDICTION - D is given a choice as to which court to try their case in, if they choose the MC then a trial will take place, a verdict will be reached and if found guilty the mags will sentence but they can still send the case up to CC for sentencing if they wish
LACK JURISDICTION - transfer the case to the crown court for a trial by jury, jury will reach a verdict after listening to evidence presented in court. judge will pass a sentence if the defendant is found guilty
what is the pre trial procedure for indictable offences?
- Early Administrative Hearing
- Sending for trial procedure where the case will be transferred to the Crown Court
- The defendant will be asked whether they plead guilty or not guilty
- GUILTY PLEA = a sentence will be passed by a judge
- NOT GUILTY PLEA = a trial by jury will take place, the jury will listen to evidence presented in court by both sides and then reach a verdict. If found guilty, a sentence will be passed by the judge
4 reasons why a defendant may choose the Crown Court
- JURY - made up of ordinary citizens who decided guilt or innocence, they acquit approx 60% of defendants while magistrates convict 60% of defendants, means there’s a higher chance of being found not guilty in the CC, juries may also find it easier to empathise with defendants as they’re not case hardened
- EASIER TO FOLLOW - less daunting for defendants because a jury requires everything to be explained in everyday, accessible language to help them understand, also makes it clearer and easier for D to follow their own case and be sure of what is happening
- MORE TIME TO PREPARE - the wait for a CC trial is longer which gives D and their legal team more time to prepare their case which includes obtaining witness statements and gathering evidence to make the case as strong as possible
- MORE EXPERTISE - D will require a solicitor or barrister to advocate on their behalf, both of whom are legally trained and qualified and are therefore experts in advocacy, the judge in the CC is legally qualified whereas magistrates aren’t which in theory makes judges more efficient due to their case knowledge and experience
4 reasons why a defendant may choose the Magistrates Court
- LOWER SENTENCES - mags have limited sentencing powers of up to 6 months in prison which means D is far more likely to receive a lower sentence whereas there is a higher risk of receiving a larger sentence in the CC as judges have more powers
- SPEED - trials in MC tend to be completely very quickly, typically in under a day whereas trials in the CC take a very long time due to the need to slow everything down for juries, also if D is refused bail and placed on remand but then eventually found not guilty there is no compensation for the time awaiting trial which may be longer than the actual sentence
- LESS PUBLICITY - cases are of less interest to the public and are not often newsworthy whereas CC cases tend to be more ‘interesting’ and so will receive more publicity which can be very daunting and scary
- LESS DAUNTING - process of a trial in MC is much less daunting and intimidating as there are no barristers or judges in wigs and gowns, the whole trial tends to be more informal as it is not a serious offence
what is bail?
being released from custody while awaiting trial or sentencing
on the condition that they attend court or the police station when called upon to do so
can be granted by the courts (usually the MC) or the police
a person on bail can be…
charged and awaiting trial
convicted and awaiting sentencing
suspected of a crime and released while police investigate further
s.4 Bail Act 1976
states that there is a general right to unconditional bail
LASPO 2012
Legal Aid, Sentencing and Punishment of Offenders
introduced the no real prospect test where bail must be given if there’s no real prospect that D will receive a custodial sentence
reasons for refusing bail
belief that they’d fail to appear
previously having failed to appear
likely to commit further offences while on bail
may interfere with witnesses or obstruct course of justice
factors that must be considered when deciding bail
nature and seriousness of offence
previous bail record
strength of evidence against D
antecedents of D
what must the courts do when deciding bail
balance the interests of…
- D, who is presumed innocent and entitled to liberty
- with the need to protect the public from a potentially dangerous criminal
what happens if bail is refused
D can…
- make one further application to the MC
- apply for bail at the CC if they were sent there for trial
- appeal against the refusal to a high court judge
what are some restrictions of bail
only the CC can grant bail for murder
if offence was committed on bail then bail can only be granted if courts are satisfied there is no risk of further reoffending
bail will only be granted in exceptional cases for serious offences like murder if D has already served a sentence for such a crime
restrictions on bail for adult class A drug users in certain circumstances under the CJA 2003
restrictions relating to terrorism - home detention under the prevention of terrorism act 2005
what are the 2 types of bail
- conditional - with restrictions
* unconditional - without restrictions
what are some conditions for bail
curfew
handing in passport
tagging
contact bans
reporting at police station
sureties
residence (at bail hostel, etc)
exclusion zones
what are appeals
chances for the appellant to have their case reviewed
reasons for appeals
- point of law - appealing because the judge or magistrates may have applied the law incorrectly or unfairly
- against conviction - D may appeal against being found guilty of a crime or the prosecution may appeal against D being found not guilty
- against sentence - appealing due to an unfair sentence that D wants reduced or prosecution may think the sentence is too lenient
what is jurisdiction at first instance
applies to courts that try the case
what is appellate jurisdiction
applies to courts that hear appeals
appeal routes differ depending on the court of first instance
purpose of appeals
- to correct errors - of fact, law or procedure. appellant may be unhappy with conviction or sentence
- to develop law - give opportunity for the law to develop according to doctrine of precedent and via the interpretation of statutes, keeps the law up to date and modern
- ensure consistency - enables courts to be consistent in the way they apply the law and carry out sentencing by highlighting potential errors
magistrates court appeal route
2 routes
- CROWN COURT - appeal by defence against sentence or conviction, appeal is heard by a judge and two mags, court reviews evidence again and CC decision is final, no further route of appeal unless by way of case stated
- QUEEN’S BENCH DIVISIONAL COURT - appeal by either side by way of case sated, an appeal on a point of law, no need to review evidence again
- SUPREME COURT - appeal from queen’s bench to supreme court on a point of law of general public importance, no further route of appeal, SC decision is final
crown court appeal route
1 route
COURT OF APPEAL (criminal division)
• D may appeal against sentence or conviction, leave to appeal must be granted by the trial judge in the CC or the CA itself, CA can hear the appeal and order a retrial or quash the conviction
• prosecution may appeal against an unduly lenient sentence or if they’re concerned about an acquittal or a ruling on law, can appeal to HC to order a retrial if evidence of jury tampering, can appeal if there’s new and compelling evidence
SUPREME COURT - both sides can appeal but must be on a point of law of general public importance, CA must certify this and either the CA or SC must give permission to appeal, very few cases reach the SC, no further route
• CCRC (Criminal Cases Review Commission) may refer cases back to the CA after all route of appeal have been used if there’s evidence of a miscarriage of justice
sentencing powers of….
- mags
- CC judges
magistrates - up to 6 months imprisonment for one offence
judges in the CC - impose up to life imprisonment for some crimes
