Criminal Processes

Question 1

Summary Offences

Answer 1

-trial occurs in magistrates court
-least serious offences
-magistrates decide sentence and conviction
-maximum fine of £5000
-maximum custodial sentence is 6 months for one offence and 12 months for multiple offences
-examples: assault, car crime

Question 2

Indictable Offences

Answer 2

-trial occurs in crown court
-most serious offences
-jury decide conviction
-judge decides sentence
-maximum fine is unlimited
-maximum custodial sentence is life
-examples: rape, murder

Question 3

Triable-either-way Offences

Answer 3

-trial in magistrates or crown court
-1st Hearing (plea and case management hearing) always occurs in magistrates court to deal with conviction, trial dates and location and bail
-examples: theft, assault causing bodily harm

Question 4

Mode of Trial

Answer 4

Considered factors:
-seriousness of crime
-previous convictions
-victim
-magistrates sentencing power
-magistrates agreeance to take jurisdiction.
If magistrates have sentencing power and agree to jurisdiction defendant has two options:
-remain in magistrates for trial
-opt for trial with jury in crown court

Question 5

What does a guilty plea do?

Answer 5

-reduce sentence
-no trial
-sentencing hearing only

Question 6

Burden of proof

Answer 6

prosecution prove facts against defendant

Question 7

Standard proof

Answer 7

beyond all reasonable doubt

Question 8

Order of Court

Answer 8

1) prosecution witness gives evidence in chief
2) defence barrister cross examines evidence
3) prosecution barrister re examines
Once all witnesses are heard prosecution case ends
4) POSSIBILITY of application to courd by defence of ‘no case to answer’
5) If accepted by judge case dismissed
OR
6) defence put case forward
7) magistrates or jury make decision, defence is acquitted or sentencing occurs.

Question 9

Appeals from magistrates court to crown court

Answer 9

-available to defence only
-if guilty after trail appeal against conviction or sentence, if pleaded guilty appeal against sentence
-automatic right, done in 21 days after magistrates decision

Question 10

Appeal in crown court

Answer 10

-overseen by a judge and two magistrates
-appeal against conviction involves total rehearing, court can confirm, reverse or vary the conviction
-appeal against sentence rehears sentence hearing, can confirm, increase or decrease sentence.

Question 11

Case Stated Appeal

Answer 11

-magistrates to KBD
-appeals on points of law
-defence and prosecution
-defence appeal conviction
-prosecution appeal aqcuittal
-magistrates are asked to state case facts
-appeal is made in grounds that magistrates made a mistake about law
-KBD considers application of law to facts from lower court
-appeal heard by 2 or 3 high court judges from the KBD. They can confirm, reverse, vary or remit the decision.

Question 12

What is remitting a decision?

Answer 12

sending case back to magistrates court to review their decision

Question 13

Court of appeal to Supreme Court

Answer 13

-Available to prosecution and defence
-Both elements:
case involves point of public importance
permission for leave from court of appeal or supreme

Question 14

Appeal to Supreme Court from KBD

Answer 14

-only made with leave
-leave is granted if:
KBD certifies point of law is of public importance
recognize importance of Supreme Courts decision
-example: C v DPP 1994 (concern around age of criminal responsibility between 10-14 year olds, under 10s have no liabilty, 10-14s can be liable if its proven they know legal difference between right and wrong)

Question 15

Appeal from Crown Court by defence

Answer 15

-against conviction or sentence
-leave is needed
-notice of appeal must be within 28 days of conviction
Procedure
-reviews decision of lower court
-new evidence may be introduced (must be capable of belief)

Question 16

Criminal Appeals Act 1995

Answer 16

lays down rules for requesting leave, defendant must get either:
-leave to appeal from court of appeal
-a certificate the case is fit for appeal

Question 17

Powers of Court of Appeal

Answer 17

-if unsafe conviction is quashed
-if not unsafe appeal is dismissed
-order a retrial if it may be unsafe
-vary conviction to that of a lesser offence they believe defendant could be convicted of
-may decrease sentence

Question 18

Appeals by prosecution

Answer 18

-against a judges ruling
-against acquittal
-referring a point of law
-against a sentence

Question 19

Appeal against judges ruling

Answer 19

if ruling is given which ends defendants case it is reviewed to ensure a procedural error didn’t lead to acquittal.

Question 20

Appeal against acquittal

Answer 20

Two situations:
-acquittal was a result of nobbled jury
-new and compelling evidence of acquitted persons guilt and in public interest for retrial

Question 21

Appeal referring a point of law

Answer 21

-available when prosecution is acquitted
-attorney general has power to refer point of law raised in trail to court of appeal
-doesn’t affect acquittal but stands as future precedent.

Question 22

Appeal against sentence

Answer 22

-attorney general has power to apply for resentencing leave
-power to refer sentences considered unduly lenient.