Criminal Justice Overview Flashcards
What are the three offences?
Indictable, summary and either way
What offences would be indictable only?
Robbery, Rape and s18 OAPA 1861 (wounding/ GBH with intent).
What offences would be summary only?
Common assault and Criminal damage £5000 or less
What offence would be either-way?
Theft, Sexual assault, ABH (s47 OAPA 1861) Fraud Burglary Possession with intent to supply Wounding (s20 OAPA 1861) Criminal damage more than £5000
Where does a criminal trial take place?
For an adult, it takes place in either the Crown or Mags. For a child or young person would take place in Youth Court.
Where doe the Crown Court get its jurisdiction?
Senior Courts Act 1981
Where will a case be heard in the Crown Court?
Where the offence allegedly occurred and take place at any location. Location depended upon the nature of the offence.
What court is the Crown Court similar to and how?
The High Court
Appeals go to the criminal division
Who can exercise jurisdiction in the Crown Court?
Any judge of High Court
Any Circuit Judge, Recorder, qualifying judge advocate ( cannot do appeals for Youth) or DJ
What is the role of the Justices in the Crown Court?
When the CC comprises a judge sitting with justice or justices, the decision of the court may be by a majority.
Justices may out-vote the professional judge. However, if the decision is equally divided the professional judge has a casting vote.
What decision are Justices involved in?
Appeals and interlocutory decisions
What is a Justice(s)?
When hearing appeals from the mags, the CC must include not less than two and not more than four justices, none of whom took part in the decision under the appeal.
What is a trial on indictment?
The CC has exclusive jurisdiction over trials on an indictment which states that all proceedings on indictment shall be brought before the CC. Wherever committed.
What is the procedure for appeals in CC?
If a person convicted by mags court and pleaded not guilty, they may appeal to the CC against conviction or sentence.
if he pleaded guilty, he may appeal against the sentence.
Commital for sentence in the CC?
Mags can commit an offender to the Crown Court to be sentenced.
Summary offence in the CC?
CC may have jurisdiction to deal with some summary offences.
Can deal with a summary offence that is linked to an indictment offence without it going back to the mags. The judge would be able to deal with a summary offence as if he were a magistrate.
Bail in the CC? who can be granted bail?
The CC has jurisdiction to grant bail to person:
- who has been sent to in custody for trial or sentence
- who is appealing from mags
- Who is appealing from CoA and has a certificate to appeal
- Who has been remanded in custody by mags following an argued bail application
What do the mags consist of?
Justices of the peace, the majority are unpaid lay men and women.
DJs are paid as they are qualified.
how many mags sitting in an open court?
at least two
What are the DJs in mags?
To be appointed the application must satisfy the judicial-appointment eligibility condition on a 5-year basis.
Can sit anywhere in England and Wales and sits alone in the mags
What Act gives powers to DJ to exercise some powers of a CC?
s65 Courts Act 2003
What is the mags jurisdiction?
to try any summary offence or offence triable either way.
if it’s either way and mags’ punishment is inadequate, can commit to CC.
What is a youth court form of?
mags court and try children or younger people for any offence can commit trial to CC.
Can mags adjourn and if so what happens?
Yes, and remand accused on bail (except murder charges) or in custody.
Who can mags grant bail to?
- an offender whose case has been adjourned for inquires made prior to sentence
- a person committed to CC (except murder)
- Appeals to CC or High court.
Can mags enforce payments for fines?
Yes
What are the statutory bases of the CoA (Criminal Division).
s15(2) of the Senior Courts Act 1981 enables powers conferred under numerous legislation.
Who hears appeals?
The vast majority of appeals are heard by CoA and they dispose of convictions and sentence.
Supreme court and CoA, what are the main points?
What Act?
s33 and 34 of the Criminal Appeals Act 1968 enables appealing the decision of the CoA to the supreme court.
What should the case involve for it to be passed to the Supreme Court?
- points of law that the SC should consider
2. case is of public importance
When should applications be made to Supreme Court?
CoA should apply for leave to the SC must be made by seeking party no more than 28 days after the decision or the date which court give a reason for the decision, whichever is later.
What are the main laws on public funding?
Legal Aid, Sentencing and Punishment of Offenders Act 2012 and Legal Aid Agency
What section do you use for applying for a representation order?
s17 of Legal Aid, Sentencing and Punishment of Offenders Act 2012
Made electronically
What form is used for representation order?
CRM14
Does Mags have the power to grant representation?
No
CC power on representation orders?
limited power and may do so on oral application under Criminal Legal Aid.
When can representation orders be granted?
Reg 6 Criminal Legal Aid:
- described in LASPO 2012, s14
- alleged failure to comply with an order of CC and there s no time to instruct the provider
- where the individual is brought before the court in pursuance of a CC warrant
Is there a test for an application for representation order?
NOPE
