ELS - courts & tribunal systems Flashcards
what is the standard of proof in criminal courts
beyond reasonable doubt
Where does the burden of proof lie in criminal courts
with the prosecution
what cases do the Mags hear
all summary criminal offences and some either way offences
What is the process of appeals from Mags court
Can appeal to the crown and it will be heard fresh at the crown court with 2 mags
If the decision was legally flawed can appeal to administrative course ‘by way of case stated’
what cases do the crown court hear?
Indictable only offences and either way offences
what is the process of appeals from the crown court
With the permission of CofA(crim) can appeal conviction & sentence
Prosecution can also apply to CofA for ‘quashing the acquittal’ if found not guilty of a ‘serious offence’
What will happen with a crown court appeal to CofA
CofA will quash a criminal conviction of the Crown Court if satisfied that the conviction is “unsafe”. The Court will hear oral argument from counsel for both sides, but evidence will not be heard again.
Can you appeal against sentence from CC?
YES
if not justified by law, based on incorrect evidence, judge took irrelevant matters & judge failed to give sufficient weight to the sentencing guidelines
On what grounds can you appeal from CofA to SC
a point of law
or a point of general public importance
what is the judicial committee of the Privy Council
final appeal court and hears crim & civil - not binding but persuasive
what does the Criminal Cases Review Commission
(CCRC) deal with
alleged miscarriages of justice can send case back to CofA if there is ‘real possibility’ CofA will overturn has to identify new evidence or new legal argument
What are the divisions of the High Court
- KBD
- Chancery
- Family
What does the KBD deal with
civil with some crim cases
Administrative = part of KBD and does admin law; civil & crim and appeals ‘by way of case stated’ from mags court
What is the Court of Appeal and its set up
It is the final court of appeal (civ & crim div)
Lord Chief Justice = head
crim cases = 3 judges (LCJ or president of KBD & 2 HC judges)
What is the Supreme Court and what are grounds to appeal there
Highest court, est CRA 2005
Permission to appeal to SC is required and only for ‘general public importance’
Leapfrog appeals = HC straight to SC
