criminal courts: process and appeals Flashcards
What are the two criminal courts?
Magistrates Court, Crown Court
What are the categories of offence?
Summary, Triable either way, Indictable
Explain Summary Offences:
Summary offences are the least serious and are dealt with in the magistrates court. The Magistrates will decide on the verdict and the sentence. (MAX 6 months per offence)
Explain Triable either way offences:
They are neither the most or least serious crime, they are somewhere in between. These types of offences will be dealt with by either the Magistrates or the Crown Courts. Depending on where D chooses to be tried.
Explain Indictable offences:
They are the most serious types of offences and are always heard in the crown court. The jury will decide on the verdict and the D will be sentenced by the Judge.
Briefly explain the procedure for Summary offences up to the not guilty/guilty plea.
D receives a summons or is charged with a summary offence (assault/battery). D appears before Mags for a preliminary hearing where they will plead either guilty or not guilty.
What happens if D pleads guilty? (Summary offence)
The magistrates will sentence D to a maximum of 6 months. If mags decide their sentencing powers are not strong enough, they will refer the case to the crown court.
What happens if D pleads not guilty? (summary offence)
Magistrates set a date for the trial. They will consider whether to grant bail and the conditions to place on it. At the trial hearing, magistrates will hear the evidence and reach a verdict. IF D is found guilty, mags will sentence D - if their powers are not enough, they can send them to the Crown.
Explain the procedure for triable either way offences (up to plea before hearing)
D is charged with a triable either way offence. There will be a plea before venue hearing in which the D will plead guilty or not guilty in the mags court.,
What happens if D pleads guilty at the plea before venue hearing? (Triable either way)
Magistrates will sentence D to a maximum of 6 months per offence and 12 months for more than 2 offences. If the magistrates decide that their powers are not strong enough they will refer the case to the crown court.
What happens if D pleads not guilty at a plea before venue hearing? (Triable either way up to modes of trial)
1) The magistrates will decide whether it is possible for the case to be heard in the Mags court, or whether it must go to the crown.
2) If mags decide they can hear the case, D is given the choice (defendants election) as to which court his case is heard in.
Explain the mode of trial at the Magistrates Court (Triable either way)
At the trial hearing, Magistrates will hear the evidence and reach a verdict. If D is found guilty, the Mags will sentence D. if they decide their powers are not enough, they will send D to crown.
Explain the mode of trial at the crown court (triable either way offences)
The magistrates refer the case to the crown for a case management hearing. This is where bail will be decided and a date will be set for the trial. At the trial, the jury will listen to evidence and decide a verdict. If found guilty, D is sentenced by the judge.
What are the factors that need to be taken into account by Magistrates? (5 points)
Level of seriousness of offence, whether their powers of punishment will be enough, does the case involve complex issues of fact or law, was there an abuse of trust, was the crime organised by a gang
Explain the procedure for indictable offences
D is charged with an indictable offence. D appears before magistrates and enters a plea. Mags deal with any preliminary issues such as legal aid and bail. Case referred to Crown for a case management hearing where a date is set for the trial. Trial will take place before a judge and the jury. If the Jury find D guilty, Judge will sentence D. As the offence is indictable, the likely sentence is custodial.
Explain the procedure for indictable offences
D is charged with an indictable offence. D appears before magistrates and enters a plea. Mags deal with any preliminary issues such as legal aid and bail. Case referred to Crown for a case management hearing where a date is set for the trial. Trial will take place before a judge and the jury. If the Jury find D guilty, Judge will sentence D. As the offence is indictable, the likely sentence is custodial.
What does the D have the automatic right to appeal against?
Appeal against conviction
Appeal against sentence
Explain appeal against conviction (Magistrates)
This appeal will be heard in the crown court by a Judge and 2 Magistrates. The judges can either uphold the conviction, quash it, or vary it. However, it can only be varied downwards like S47 ABH -> Battery
Explain appeal against sentence (Magistrates)
This appeal will be heard in the crown court by a Judge and 2 Magistrates. They can either confirm (uphold), decrease, or increase the sentence. However, the sentence can only be increased to the maximum sentencing powers of the magistrates.
Explain appeals from the crown court (up to the different types of appeals)
The D can either appeal against conviction or sentence. In order to appeal from the crown court, they must apply for and be granted leave to appeal. This means that D needs to get permission to appeal from one justice of appeal. The CoA will hear these appeals.
Explain appeals against conviction (crown) with case example.
This case will be heard in the CoA by lord justices of appeal. The CoA can uphold the conviction, quash it (and may order a retrial), or Vary it. In the case of R v Barry George, they quashed the sentence and ordered a retrial.
Explain appeal against sentence (crown) with case example.
This case will be heard in the CoA by lord justices of appeal. The court can either uphold the sentence, or decrease it. They cannot increase the sentence. In the case of R v Philpot, where her appeal was dismissed.
Name the case for appeal against conviction (murder of celeb)
R v George
Name the case for appeal against sentence (Goth murderer)
R v Herbert
Name the case for the appeal against sentence (fire)
R v Philpot
What did the CoA do to the conviction in R v George?
They quashed it and ordered a retrial.
What did the CoA do to the defendants sentence in R v Herbert?
Reduced the sentence to 15 years and 6 months
What did the CoA do to Mairead Philpott’s sentence?
They dismissed the appeal because she should have been given life.
Explain the Prosecution appeal of ‘judges ruling’
If a judge makes a ruling on a point of law which stops the case, the prosecution can appeal (Criminal Justice Act 2003) to the CoA which can order the continuation of trials, or retrial. Eg. Directed acquittal like in R v Counsell
Explain the Prosecution appeal of ‘appeal against acquittal’ ONLY 1ST POINT
Due to Jury Nobbling - If D is acquitted due to a juror being biased or threatened, the prosecution can appeal asking for acquittal to be quashed and D to be retried. PC Andrew Harper Case
Explain the Prosecution appeal of ‘appeal against acquittal’ ONLY SECOND POINT INCLUDING CASE
2) Due to new and compelling evidence. If D has been acquitted of a crime but ‘new and compelling evidence’ comes to light, then prosecution can appeal, ask the CoA to quash D’s acquittal so he can be retried. R v Dobson V Norris
Explain the Prosecution appeal of ‘appeal by referring a point of law’
P also has 2 appeals based on points of law. Firstly, they can refer a point of law to the Court of Appeal if the AG gives permission. This allows the Court of Appeal to clarify the point of law, but will not affect the verdict of the case.
Explain the prosecution appeal of ‘appeal against an unduly lenient sentence’
P can also appeal against an unduly lenient sentence with the permission of the Attorney General (AG). They can do this if they feel the original court did not give a harsh enough sentence considering the evidence. This happened in R v Yates, where the court increased D’s sentence for five years as they had not considered the seriousness of providing the murder weapon (a gun).
What is the final way that both the prosecution and the defence can appeal decisions?
Case stated appeals
What does either the prosecution or defendant claim in a case stated appeal?
The law has been misapplied or misinterpreted
What court hears case stated appeals?
Queens Bench Divisional
From what court/s can case stated appeals be made?
Magistrates or crown
What powers does the QBD have when dealing with case stated appeals?
- Confirm decision
- reverse (change) - also change verdict of the case
AND - Remit the case back to the original court
If a party does not agree with the decision of the QBD, who is the case stated appeal left to?
The Supreme Court
What is needed to make the appeal to the Supreme Court?
Permission/ leave
When will permission/ leave be given to appeal to the Supreme Court?
If the point of law is of ‘general public importance’
Case example of a case stated appeal
Jon Platt Case
- magistrates
- QBD confirmed dec
- Supreme Court reverse and remit to mags
