Criminal Heirschy Flashcards
Types of offences
Summary
Triable tiger way
Indictable
Leapfrog procedure
Justice act 1969
Bypass court of appeal to supreme
Appeals from magistrate
To crown
To crown then leapfrog
Right to rehearing In mags
Appeal to KBD by way of case stated - appeal on matter of law
Appeals from crown
To court of appeal criminal
Leap frog to supreme
kBD by way of case stated
What is by way of case state
Appeal on point of law
Challenges desicion/ application of law by lower court by inferior judge
I’m Kings bench division
Grounds for appeal
Errror in law - made per incurram
Miscarriage of justice
Jury nobbling
Procedural error
Judge failed to considered circumstances
Appeal sentence
Pre trail hearing in mags
Plea - guilty or not
Bail
Preliminary hearing —Check reasonable grounds of being accused - evidence, witness
What part of indictable and triable Rothesay offences are heard in mags
Pre trial - bail, guilty
Preliminary - reasonable grounds for being accused - witness evidence
Triable Either way
Mode of trail procedure - heard in mags or crown
- seriousness complexity D preference
Mode of trial hearing
Triable either way offences
Decide if heard in mags or crown
Complex, D preference , seriousness