criminal courts, procedures and appeals Flashcards
what are the 2 criminal courts
magistrates court(less serious offences)
crown court(more serious offences)
what are the 3 classification of offence
summary
triable either way
indictable
which court hears summary offences and give examples of the crimes
magistartes
assault, battery speeding
which court hears triable either way offences and give examples of the crime
magistrates or crown court
s47 s20 theft
which court hears indictable offences and give examples of the crime
crown court
s18 murder
who decides the verdict in summary offence cases and who sentences D
3 magistrates decide verdict
magistrates sentence D
who decides the verdict in triable either way offences and who sentences D
magistrates or crown court
magistrates or jury decides the verdict
magistrates or judge sentences D
who decides the verdict in indictable offences and who sentences D
jury decides the verdict
judge sentences D
what are appeals
this is an attempt to overturn the decision by the defence when they are unhappy with the decision reached by the magistrates court
what are the 2 main thing a defendant can appeal against
can appeal against the conviction (guilty verdict)
can appeal against sentence(the punishment)
who deals with the 2 types of appeal
the crown court
who hears the appeal against conviction in the magistrates court
1 judge and 2 magistrates
what can they do to an appeal against conviction
uphold it
quash it
vary it
who hears the appeal against sentence in the magistrates court
1 judge and 2 magistrates
what can they do to an appeal against sentence
uphold it
decrease it
increase it ( there is a limitation)
what is the limit when increasing a sentence
magistrates can only increase sentence by 6 months
what are the 2 main things D can appeal against in the crown court
appeal against conviction
appeal against sentence
in order to appeal from the crown court D must apply for and be granted leave
what does this mean?
to be given permission by one judge in court of appeal
in the crown court who hears the appeals against conviction
3 judges( lord justice of appeal )
in crown court what can the court of appeal do to Ds conviction
uphold it
quash it
vary it
what is the case example for appeal against conviction in the crown court
R v George
who in the crown court hears an appeal against sentence
3 judges( lord justice of appeal )
in the court of appeal what can the court do against a sentence and what can they not do to Ds sentence
uphold it
decrease it
they cannot increase it
what is the case example for appeal against sentence in the crown court
R v Herbert
R v Philpott
what is a case stated appeal and what does it suggest
that the law has been misapplied or misinterpreted
which court hears case stated appeals
kings bench divisional court
from which courts can kings bench appeals be made from
magistrates or crown court
what powers does the kings bench division have
confirm
reverse
vary
remit
if a party does not agree with the decision made by the kings bench division then who is left to appeal to
the supreme court
what is the case examples for case stated appeals
Platt v Isle of wight
