Criminal Trials

Question 1

What are the two kinds of offences the magistrates courts deal with?

Answer 1

Summary offences

Triable-Either-way offences

Question 2

How serious are summary offences?

Answer 2

They are the least serious criminal offence e.g. driving offences, common assault, minor criminal damage, etc.

Question 3

How serious are either-way offences?

Answer 3

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.

Question 4

How serious are Indictable-only offences?

Answer 4

They are very serious offences (e.g. murder) and must be heard in the crown court.

Question 5

What percentage of criminal cases are heard in the magistrates?

Answer 5

97%

Question 6

What are the consequences of a summary offence?

Answer 6

• 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).

Question 7

Explain the process of entering a plea and what happens after a plea has been entered.

Answer 7

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.

Question 8

What must the magistrates decide in triable-either way offences?

Answer 8

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.

Question 9

What are the pre-trial procedures at the crown court?

Answer 9

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.

Question 10

What happens at the Crown court? (In terms of offences and pleas)

Answer 10

• Indictable offences are referred from the Magistrates.

- If guilty plea no jury needed, if not guilty plea jury needed.

Question 11

Explain appeals from the magistrates court.

Answer 11

• 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.

Question 12

What are case stated appeals?

Answer 12

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.

Question 13

When are appeals granted to the Supreme Court and what for?

Answer 13

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.

Question 14

Explain how the defendant will launch an appeal from the Crown Court to the Court of Appeal and what grounds must be met.

Answer 14

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.

Question 15

What can the Court of Appeal do if a defendant appeals?

Answer 15

1. Allow the appeal and quash the conviction.
2. Vary the sentence (only reduce it)
3. Order a retrial.

Question 16

Explain what the prosecution can appeal against.

Answer 16

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.

Question 17

What are the key facts on appeal rights from the crown court?

Answer 17

Look on photos

Question 18

What is Bail?

Answer 18

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.

Question 19

What are the circumstances that a person can be denied bail (bail act 1976)?

Answer 19

• 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.

Question 20

What is the police bail limit? And why did they change it?

Answer 20

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.

Question 21

What aggravating factors must be taken into account before a sentence is made?

Answer 21

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.

Question 22

What mitigating factors must be taken into account before a sentence is made?

Answer 22

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?

Question 23

What is the structure of the CPS?

Answer 23

1. Heading the CPS is the director of public prosecutions (Max Hill at the moment). He is appointed and supervised by the Attorney General.
2. Chief crown prosecutors each heading one of 13 areas in the country.
3. Senior district crown prosecutors several branches around the country.
4. Support staff lawyers.

Question 24

What does the CPS do?

Answer 24

The Crown Prosecution Service prosecutes criminal cases that have been investigated by the police, they are independent.

Question 25

What are pr-trial hearings and where is an offence dealt with?

Answer 25

All criminal cases begin in the magistrates court. Minor offences can be dealt with at this point. If defendant plea guilty by post he can avoid a court appearance altogether.

Triable either-way offence may be referred to the Crown Court if the Magistrates feel it is necessary.

Indictable offences will begin in the magistrates court (for a first hearing) but will be referred to the Crown Court.

Question 26

Describe the structure of a criminal trial at the crown court.

Answer 26

1) jury is sworn in to try the case.
2) prosecution will make an opening speech explaining what they intend to prove.
3) the prosecution witnesses give evidence and the prosecution will also give any other evidence. These can be cross-examined by the defence.
4) the defence may submit that there is no case to go to the jury. If the judge agrees he will direct the jury to acquit the defendant.
5) defence make opening speech.
6) defence witnesses give evidence and so do defence. They do not have to give evidence but judge will take into account their failure to do so.
7) prosecution makes closing speech.
8) defence makes closing speech.
9) judges sums up the case to the jury and directs them on any relevant law.
10) jury retires and considers their verdict in private.
11) if verdict is guilty judge will give sentence, if not guilty the accused is discharged.

Question 27

What is the appeals route?

Answer 27

Look at book or Showbie.

Question 28

Briefly explain double jeopardy.

Answer 28

Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same (or similar) charges following an acquittal in the same jurisdiction.

Question 29

How does a magistrates trial differ from a crown court trial?

Answer 29

There is generally no jury however, trial structure is very similar. (Summary trials)

Question 30

what are the 4 casework divisions in the CPS?

Answer 30

• Specialist fraud
• Special crime an counter terrorism
• Organised crime
• Proceeds of crime

Question 31

what 2 questions must the CPS ask before proceeding with a charge?

Answer 31

1) is there strong enough evidence and a realistic change of conviction?
2) Is bring the case to court in the public interest? - seriousness of crime, level of culpability, circumstances and harm to the victim, impact on the community, is prosecution appropriate, etc.

Question 32

what are the advantages of court trials?

Answer 32

• legal expert present, judge.
• Jury present so tried by peers.
• Higher acquittal rate (15% in magistrates compared to 60% in the Crown Court).
• More likely to receive legal aid.
• Defendants may want to serve part of sentence in remand prison.

Question 33

what are the disadvantages of court trials?

Answer 33

• Jury are unpredictable.
• Time (waiting for trail, may have to spend time waiting in prison if not granted bail, and trial usually takes 7 days compared to 1/2 day in magistrates).
• Costs.
• Prosecution bias.
• Stress of court.
• Cases in Crown Court more likely to be reported by the media.
• Judge can give harsher sentences than magistrates.

Question 34

What does the Home Secretary do?

Answer 34

Responsible for…

1) law enforcement in England and Wales.
2) matters of national security.
3) issues concerning immigration.
4) oversight of the security service (MI5).

Current Home Secretary is Priti Patel.

Question 35

What does the Justice Secretary do?

Answer 35

Home Secretary used to oversee a lot of the areas he now oversees. He is responsible for…

• her majesty’s prison service.
• matters of probation.
• oversight of the judiciaries.

Current justice Secretary is Dominic Raab.