Criminal Trials Flashcards
What are the two kinds of offences the magistrates courts deal with?
Summary offences
Triable-Either-way offences
How serious are summary offences?
They are the least serious criminal offence e.g. driving offences, common assault, minor criminal damage, etc.
How serious are either-way offences?
They are fairly serious, and can be dealt with in the magistrates or crown court. Offences include theft, etc and the defendant can insist on their right to go to the crown court.
How serious are Indictable-only offences?
They are very serious offences (e.g. murder) and must be heard in the crown court.
What percentage of criminal cases are heard in the magistrates?
97%
What are the consequences of a summary offence?
- Series of fines depending on the offence, usually between £200-£5,000.
- for certain breaches of environmental of health and safety regulations there is no limit on the fine.
- max prison sentence is 6 months (e.g. driving offences, shoplifting, etc).
Explain the process of entering a plea and what happens after a plea has been entered.
If the defendant enters a guilty plea it is then up to the magistrates to decide an appropriate sentence. If a defendant enters a not guilty plea the case will proceed to trial.
What must the magistrates decide in triable-either way offences?
1) To impose a sentence. If they believe a higher sentence should be imposed for a guilty plea, they will have to send the individual to the crown court for sentencing.
2) If their court is suitable for the given trial. If not they must refer the case to the crown court
Defendant also has the right to choose a crown court trial.
What are the pre-trial procedures at the crown court?
1) Indictment formally set out
2) prosecution and defence disclose any evidence
3) defence give written statement to prosecution. Any alibis must also be disclosed.
4) plea and trial preparation hearing will take place - only necessary in complex cases.
What happens at the Crown court? (In terms of offences and pleas)
- Indictable offences are referred from the Magistrates.
- If guilty plea no jury needed, if not guilty plea jury needed.
Explain appeals from the magistrates court.
- people have the automatic right to appeal to the crown court against either/or conviction or sentence.
- case reheard by judge and 2 new magistrates.
What are case stated appeals?
Special appeals where defence believes the original trial judge or magistrate made a mistake about the law. They are referred to the Administrative Court (in the queens bench division). Heard by 2 high court judges.
When are appeals granted to the Supreme Court and what for?
If the Divisional court (court with more than one judge sitting, similar to high court) feels that a point of law of public importance is involved or permission is granted.
Explain how the defendant will launch an appeal from the Crown Court to the Court of Appeal and what grounds must be met.
In order to launch an appeal the defendant must get a ‘leave to appeal’ from the Court of appeal.
Appeals will be granted if (criminal appeal act 1995):
- there was a possibility that the conviction was unsafe.
- any new evidence that come to light must be credible and believable to be considered.
What can the Court of Appeal do if a defendant appeals?
- Allow the appeal and quash the conviction.
- Vary the sentence (only reduce it)
- Order a retrial.
Explain what the prosecution can appeal against.
1) a judges ruling - trial judge can stop a case if ruling on a point of law. Prosecution has the right to appeal this.
2) acquittal - evidence of interference with jury or significant new evidence has been brought to light. Only available for about 30 serious offences.
3) referring a point of law - any decision made by the court of law will not affect the acquittal but can set a precedent for future cases.
4) sentence - if attorney general thinks that sentence is too lenient he can refer this to the court of appeal.
What are the key facts on appeal rights from the crown court?
Look on photos
What is Bail?
The practice of releasing a person either from police custody or whilst they are going through the courts.
Bail will be granted automatically unless there is a reason not to give it.
What are the circumstances that a person can be denied bail (bail act 1976)?
- risk of failure to surrender to custody.
- likelihood of committing another offence.
- possibility of interfering with witnesses.
- nature and seriousness of offence.
- previous behaviour under bail
- strength of evidence against the person.
What is the police bail limit? And why did they change it?
28 days. They changed it to stop people being kept on police bail for months or years. People can still be kept on police bail for up to 3 months for more complex cases though.
What aggravating factors must be taken into account before a sentence is made?
1) what were the factors surrounding the case (what are the defendants previous convictions, etc)
2) was the defendant part of a group attacking the victim? Was the victim vulnerable? Was the assault premeditated?
These factors can result in the defendant receiving a harsher sentence.
What mitigating factors must be taken into account before a sentence is made?
1) did the offender cooperate with the police?
2) did they help identify other who were involved in the crime?
3) did they have a mental illness?
4) a physical illness?
5) have they go no previous convictions?
6) did they show genuine remorse?
What is the structure of the CPS?
- Heading the CPS is the director of public prosecutions (Max Hill at the moment). He is appointed and supervised by the Attorney General.
- Chief crown prosecutors each heading one of 13 areas in the country.
- Senior district crown prosecutors several branches around the country.
- Support staff lawyers.
What does the CPS do?
The Crown Prosecution Service prosecutes criminal cases that have been investigated by the police, they are independent.
