Criminal Courts Structure Flashcards
What is tribunal of fact?
The person or persons who make a decision as to disputed facts
What is tribunal of law?
The person or persons who make a decision as to disputed point of law
Who is the judge at Magistrates’?
- District Judge (Magistrates’ Court); or
- Deputy District Judge; or
- Two or three lay Magistrates (members of the public) and a legal adviser
What is the mode of address at Magistrates’?
- “Judge”: District Judge or Deputy District Judge
- “Sir/Madam”: Lay Magistrates
Who is the tribunal of fact at Magistrates?
The District judge or lay magistrates
Who is the tribunal of law at Magistrates?
The District judge or lay magistrates
Where are all adults first hearing in the criminal process?
All adults will have their first hearing before the Magistrate’s along with youths jointly charged with adults
Which offences can a Magistrates trial?
- All summary only offences
- Either-way offences accepted by Magistrates and Defendant
What is Magistrates sentencing power for imprisonment for summary only offences?
6 months (less if maximum is less)
What is Magistrates sentencing power for imprisonment for either-way offences?
12 months
What is the maximum fine Magistrates can impose?
Unlimited (or less if maximum penalty is lower)
Can you appeal to the Magistrates?
The Magistrates Court has no criminal appellate arm
What can the Crown hear from the Magistrates?
Appeals and committals for sentence from Magistrates
Who is the judge at Crown Court?
- A Circuit Judge; or
- A High Court Judge; or
- A Recorder (a Barrister, Solicitor or judge of another lower / equal court, authorised to sit in Crown Court on part-time basis)
What is the mode of address at Crown Court?
- “Your Honour” – a recorder and vast majority of Circuit Judges
- “My Lord/My Lady” – High Court Judge. Any judge sitting at Central Criminal Court (Old Bailey). A Circuit Judge who has been designated as Senior Circuit Judge and the Honorary Recorder of a place, e.g. the Recorder of Westminster.
How many jury members? What is their role?
Jury 12 members of public. Decide whether D is guilty or not. No role in sentencing.
Who is tribunal of fact in Crown Court?
At trial, the Jury
Who is tribunal of law at Crown Court?
The judge
Where is the first hearing of a Crown Court case?
D have first hearing in Magistrates’ or Youth Court
When can Crown Court hear summary case?
Certain circumstances, Crown Court can take plea and/or sentence for summary where it is joined to indictable or either-way offence
What are sentencing powers of Crown Court for imprisonment and fines?
- Imprisonment: Life or less where maximum is lower
- Fines: Unlimited or less where maximum is lower
Which appeals can Crown Court hear?
Can hear appeals against sentence and conviction from Magistrates and Youth
Who hears a Crown Court Appeal?
In appeals, Court is a Crown Court judge with two lay magistrates
What is role of magistrates in appeal at Crown Court?
Judge advises lay magistrates on law, but have equal decision-making power
o Appeal is a re-hearing of a case
o D could receive more severe sentence on this appeal
What is the role of the High Court?
- Limited jurisdiction in Criminal
- Power to state a case or judicially review decisions of magistrates or youth court, or appeal at a Crown Court
- The Administrative Court has no jurisdiction to judicially review matters relating to trial on indictment itself – but the court can consider matters not so related like an irrational failure to grant bail
What is the role of the Court of Appeal (Criminal Division)? Is leave required?
- CoA hears appeal from Crown Court
- Leave is required from court for case to be heard except in cases of contempt where appeal lies as of right
Who is judge in CoA?
o Judges of Court of Appeal (usually)
o High Court Judges (usually); or
o Crown Court Judges authorised to sit in CoA (unable to sit on an appeal where trial was conducted in Crown Court by High Court judge)
What is mode of address in CoA?
o “My Lord / My Lady”
Is there a jury in CoA?
No
Who is tribunal of fact and law in Coa?
- Tribunal of fact: The Judges
- Tribunal of law: The Judges
Where is first hearing of CoA?
First hearing: Court of Appeal is not a trial court, so there are no ‘first hearings’
Does the CoA hear trials / new evidence?
The Court of Appeal does not hear trials but may in exceptional circumstance receive new evidence
Does CoA pass sentences?
CoA does not pass sentence on D, however, can alter sentence on appeal
What is power of CoA for appeals against sentence from the Crown Court?
- Appeals against sentence from Crown Court: Can dismiss / uphold / replace with anything on par or less
- Can’t sentence higher than the Crown (unless application by Attorney General)
What is power of CoA for appeals against conviction from the Crown Court?
- Can dismiss the appeal or uphold it an quash conviction
- On application by prosecution, can order a retrial
What is power of CoA for appeal against terminatory ruling?
- Where Crown makes ruling of law that brings proceeding to end, prosecution can appeal that ruling
- CoA can dismiss appeal or reverse ruling of trial judge and remit matter back to Crown Court
What is power of CoA for appeal against a ruling made at a preparatory hearing in a serious fraud case?
CoA can dismiss appeal or reverse the ruling of trial judge and remit matter back to Crown Court
What is application by Attorney General for the CoA to increase sentence where it is unduly lenient? What is CoA power regarding this?
Only available for certain offences; CoA can dismiss appeal or increase sentence to any sentence that the Crown Court could have passed
What is application by Attorney General on a point of law following an acquittal
Where person found not guilty, but Attorney General wishes for CoA to clarify the law, CoA can give their opinion but no effect on the acquittal of D
Tell me about the Supreme Court
- Prosecution and D have right to appeal decision of CoA to Supreme Court
- Leave required from CoA or Supreme Court to do so
- Leave only granted on a point of law of general public importance
- Supreme Court consists of Supreme Court Justices who are My Lord / My Lady
