Criminal Courts, procedure, and appeals Flashcards
Information about Summary Offences
- Least serious crimes
- dealt with by the Magistrates court
- verdict and sentence is decided by the magistrates
Information about Triable either way offences
- Mid serious offences
- Either dealt with by the mags or the croun courts
- verdict is decided by either the mags or the jury
- the sentence is decided by either the mags or the judge
Information abot Indictable offences
- very serious offences
- dealt with by the crown court
- verdict is decided by the Jury
- sentence is decided by the judge
What can D appeal?
- Appeal against conviction
- Appeal against sentence
Info about appeal against conviction in Mags
A Judge and 2 Mags hear this type in the crown court.
They can:
- uphold it
- quash it
- Vary it (change what D is guilty of)
Info about appeal against sentence in Mags
A Judge and 2 Mags hear this type in the crown court
They can:
- uphold it
- decrease it
- Increase it (with limitation of Mags max)
Info about appeal against conviction in Crown
3 Judges hear this appeal
they can:
-uphold it
- quash it
- vary it
E.G. R v George
Info about appeal against sentence in Crown
Remember the case law
3 Judges hear this type
they can:
- uphold it
- decrease it
**can’t increase **it
E.G. R v Herbert and R v Philpott
What are the types of appeal the prosecution can make?
- Appeal against acquittal from new and compelling evidence
- Appeal against acquittal from Jury nobbling.
- Appeal against unduly leinient sentence
- case stated appeal
What is an appeal against acquittal due to Jury nobbling?
An appeal by the prosecution
where D is acquitted because a juror was bribed or threatened. The prosecution appeal for a retrial
What is an appeal against acquittal due to new and compelling evidence?
An appeal by the prosecution
Where D is acquitted but “new and compelling evidence” comes to light. Prosecution appeals for a retrial. Only applied to some of the more serious offences.
What is an appeal against an unduly lenient sentence?
The prosecution can ask the Attourney General to send the case to the CoA for D’s sentence to be increased if it is thought to be lenient
CoA = Court of Appeals
What is a Case stated appeal?
The final way that both D and P can appeal decisions. These are called case stated appeals.
What is the claim in a case stated appeal?
On a point of law i.e. the law had been misapplied or misinterpreted
Which Court hears the last kind of appeal that can be made by both D and P, and what can they do?
Kings Bench division from the Mags and Crown courts.
They can:
- confirm
- Reverse
- Vary - change the point of law or outcome
- Remit
What happens if a part does not agree with the decision of the KBD?
The appeal is then left to the Supreme Court, this can only happen if it is on a point of law of general public importance. This will only happen in exceptional circumstances.
E.G. Platt v Isle of Wight
What does R v George relate to?
Appealing against conviction in the crown court
What does R v Herbert and R v Philpott relate to
Appealing against sentence in the crown court
What does Platt v Isle of Wight refer to?
Case stated appeal.
