English Legal System: Criminal courts

Question 1

What are summary offences?

Answer 1

An offence that can only be tried in a magistrates’ court.

Question 2

What are triable-either-way offences?

Answer 2

An offence that can be tried in either the Magistrates’ court or the Crown court.

Question 3

What are indictable offences?

Answer 3

An offence that has to be tried at the Crown court.

Question 4

What are examples of summary offences?

Answer 4

Driving without insurance

Common assault

Criminal damages under £5,000

Question 5

What are examples of triable-either-way?

Answer 5

Theft

Assault causing actual body harm

Question 6

What are examples of indictable offences?

Answer 6

Murder

Rape

Robbery

Question 7

What is the maximum prison sentence magistrates’ courts can give?

Answer 7

6 months for one offence or 12 months for two offences.

Question 8

What are the jurisdictions of the magistrates’ court?

Answer 8

Issue arrests and search warrants

Decide matters of bail

Send for trial hearing

Question 9

How is the court decided in a triable either way offence?

Answer 9

If the defendant pleads guilty = Magistrates Court

if the defendant pleads not guilty = Crown Court with 12 jurors.

Question 10

What is the burden of proof for criminal cases?

Answer 10

An accused person is presumed innocent until proven guilty.

Question 11

What is the standard of proof for criminal cases?

Answer 11

Beyond reasonable doubt.

Question 12

What are the two appeal routes? (criminal)

Answer 12

To the Crown Court

To the administrative court in the king’s bench division

Question 13

Who can appeal to the Crown Court?

Answer 13

the defence has an automatic right to appeal.

Question 14

What happens during an appeal to the Crown Court?

Answer 14

The case is reheard by a judge and two magistrates:

they can come to the same decision as the magistrates,

or they can decide that the case is not proved and reversed the decision.

Question 15

What happens when the appeal is against a sentence?

Answer 15

The Crown Court can confirm, decrease or increase to sentence, but any increase cannot go beyond the magistrates’ powers.

Question 16

What is a case stated appeal?

Answer 16

An appeal on a point of law that goes to the administrative court.

Question 17

Who is the case stated appeal available to?

Answer 17

Both the prosecution and the defence.

Question 18

In an appeal to the Crown Court, what can the defendant do when pleading guilty?

Answer 18

They can only appeal against the sentence.

Question 19

In an appeal to the Crown Court, what can the defendant do when pleaded not guilty and was convicted?

Answer 19

They can appeal against conviction and/or sentence.

Question 20

How is the case stated appeal used?

Answer 20

It is used by the defendant against their conviction

or by the prosecution against an acquittal in situations where they claim the magistrates made a mistake about the law.

Question 21

What happens during the case stated appeal?

Answer 21

The Magistrates Court or the crown courts state the case by setting out their findings of fact and their decision.

The appeal is then argued based on what law is on those facts.

Question 22

When can a further appeal be made to the Supreme Court?

Answer 22

If the divisional court certifies that a point of law involves general public importance.

If the divisional court or Supreme Court gives the permission to appeal.

Question 23

What does the Crown Court deal with?

Answer 23

Tribal either way offences

All indictable offences

Appeals from the Magistrates Court

Question 24

Who is the case heard by in a Crown Court?

Answer 24

A circuit judge and jury of 12.

The judge decides on the point of law and the appropriate sentence.

The jury decides whether the defendant is guilty or not guilty.

Question 25

What is leave to appeal?

Answer 25

Approval that the case is fit for appeal.

Question 26

What did the Criminal Appeal Act 1995 allow the court of Appeal to do?

Answer 26

It allowed the Court of Appeal to appeal against conviction if they think that the conviction is unsafe.

Question 27

What right was given to the prosecution by the Criminal Justice Act 2003?

Answer 27

The prosecution can appeal against a ruling on a point of law that stops the case against the defendant.

Question 28

What are the two limited situations in which the prosecution can appeal against the acquittal by a jury?

Answer 28

Where the acquittal was the result of jury being nobbled.

Where there is new compelling evidence of the acquittal person’s guilt, and it is in the public interest for the defendant to be retired.

Question 29

What was the first case in which the power to retrial when there is new compelling evidence established by the Criminal Justice Act 2003, used?

Answer 29

R V Dunlop 2007: defendant was acquitted of murder but after being re trialled, was convicted.

Question 30

What can the attorney general do under section 36 of the Criminal Justice Act 2003?

Answer 30

The attorney general can refer the point of law to the Court of Appeal to create a precedent for any future case involving the same point of law.

The attorney general can apply for leave for a lenient sentence to the Court of Appeal for resentencing.