Introduction Flashcards
What are the three classifications that are relevant to crimes committed by adults?
- summary only offences
- either-way offences
- indictable only offences
What classification are all common law offences?
Indictable only and maximum sentence is ‘at large’ which goes up to and includes life.
Eg murder
How can you determine the classification of a statutory offence?
- consult a practitioner text
- look at the sentencing guidelines for the relevant offence
Where are summary only offences dealt with?
They are only capable of being tried and sentenced in the magistrates’ court
Where are indictable only offences dealt with?
First hearing will be in magistrates court but everything else including plea will be dealt with in the Crown court
Where are either-way offences dealt with?
Capable of being dealt with in either magistrates or crown court.
Magistrates court will decide on appropriate venue. Even if magistrates’ court accepts jurisdiction D can exercise right for trial by jury and go to crown court.
Even if magistrates accept jurisdiction can still be committed to sentence in the crown court
Who are the Judges in the magistrates court?
- district judge
- deputy district judge (a barrister or solicitor authorised to sit part time as district judge)
- two or three lay magistrates
How are judges in the magistrates court to be addressed?
Sir/Madam
What sentencing powers does the magistrates’ court have?
- imprisonment of 6 months (or less if maximum penalty is lower. 12 months for two or more either-way offences
- unlimited fines (or lower if maximum penalty is less)
- can commit for sentence to crown court if magistrates believe sentence in excess of their powers is needed
What judges sit in the Crown Court?
- a circuit judge
- high court judge
- a recorder
How are judges in the crown court to be addressed?
- your honour - recorder and majority of circuit judges
- My Lord/my Lady - high court judges, Old Bailey judges, senior circuit judges and Honorary recorder of a place
What is the size and role of the jury in the Crown court?
- 12 members of public
- they are tribunal of fact - decide whether D is guilty or not
- play no part in sentencing
What trials will be heard in the Crown Court?
- all indictable only offences
- either-way offences where either the magistrates’ court has declined jurisdiction or they accepted jurisdiction and D elects for trial at crown court
- certain circumstances allow plea/and or sentence a summary only offence when joined to an indictable or either-way offence
What sentencing power does the Crown Court have?
- imprisonment - life or less where statutory maximum is lower
- fines - unlimited or less if statutory maximum is lower
- costs and ancillary orders
- committals for sentence - where D is committed for sentence from magistrates court and can receive any sentence that Crown court has powers to pass of offence in question ie not limited to magistrates powers
Where does the crown court hear appeals from?
Magistrates and youth court
Who hears appeals in the crown court?
- crown court judge and two lay magistrates
What happens on an appeal from the magistrates’ to the crown court?
Re-hearing of the case.
Crown court has the power to make any decision that the lower court could have made, including increasing sentence
What judges sit in the Court of Appeal (Criminal Division)?
- judges of the court of appeal (usually)
- high court judges (usually)
- Crown court judges authorised to sit in the court of appeal (not if crown court trial was conducted by high court judge)
How should judges in the court of appeal be addressed?
My Lord/my Lady
What sentencing powers does the court of appeal have?
Does not sentence but does have the power to vary sentence
When will an appeal be heard in the UKSC?
Only when leave by court of appeal or UKSC is granted
AND
Point of law of general public importance
What is the overriding objective of the criminal procedure rules?
To deal with cases justly
What are the components of dealing with cases justly under the criminal procedure rules?
- acquitting the innocent and convicting the guilty
- dealing with the prosecution and the defence fairly
- recognising the rights of a defendant, particularly those under article 6 of ECHR
- respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case
- dealing with the case efficiently and expeditiously
- ensuring that appropriate information is available to the court when bail and sentence are considered
- dealing with the case in ways that take into account:
i) the gravity of the offence alleged
ii) the complexity of what is in issue
iii) the severity of the consequences for the defendant and others affected
iv) the needs of other cases
What duties are imposed on participants of criminal cases?
Each participant must
- prepare and conduct the case justly
- comply with the Rules, practice directions and other court directions
- inform the court of any significant failure to follow the rules (significant failure = hinderance of further overriding objective)
When must the court have regard to furthering the overriding objective of dealing with cases justly?
- when exercising any power given to it by legislation
- applying any practice direction
- interpreting any rule or practice direction
Why should real matters in dispute be identified early?
To prevent ambush at trial
How should evidence be presented at trial?
In the shortest and clearest way
What is the rule in relation to discouraging delays?
Delays should be discouraged and unnecessary hearings avoided.
If the CPS repeatedly fail to serve papers then case could be discharged
What is the rule about encouraging co-operation?
The participants should be encourage to co-operate in the progression of the case.
D should be warned by advocate that trial may go ahead in the absence if they fail to attend trial day
What will the court issue directions in relation to?
- timescales
- disclosure
- expert evidence
- reporting restrictions
What sanctions may the court issue for failing to comply with any rule or direction of the court?
The court may:
- fix, postpone, bring forward, extend, cancel or adjourn a hearing
- exercise its powers to make a costs order
- impose such other sanction as may be appropriate
- court may refuse to allow that party to introduce evidence
- evidence that the party wants to introduce may not be admissible
- the court may draw inferences from the late introduction of an issue or evidence
What happens if a solicitor has been asked to act for D by someone other than D?
- D must be told solicitor has come to police station at another’s request and must be asked to sign the custody record to signify they want to see the solicitor
- solicitor should contact police station prior to arrival to and police should confirm if D wants to see them
Can you represent a guilty client?
Yes provided you do not do anything to maintain their innocence as that would be misleading the court
What offences are summary only?
- assault
- battery
- simple criminal damage where the value is below £5,000 or less
- attempt to commit simple criminal damage of £5,000
(assault and battery cannot be object of criminal attempt)
What offences are either-way offences?
- theft
- burglary
- fraud
- assault occasioning ABH
- wounding or inflicting GBH
- simple criminal damage where the value exceeds £5,000
- simple arson
- attempts to commit an either-way offence
What offences are indictable only?
- robbery
- wounding or causing GBH with intent
- aggravated burglary
- aggravated arson
- aggravate criminal damage
- murder
- voluntary manslaughter
- involuntary manslaughter
- attempts to commit indictable only offence
