L1-3 Pre-trial Procedure & Appeals Flashcards

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1
Q

Act that tells magistrates what they must consider before accepting jurisdiction over a TEW

A

s.19 Magistrates Act 1980
- nature & seriousness of the case
- their powers to punish
- representations by prosecution and defence

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2
Q

Pre-trial procedure TEW - Guilty

A

Magistrates hear the facts of the case and decide if they have sufficient sentencing powers
- if they do they sentence
- if not they send to crown court for sentencing

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3
Q

Pre-trial procedure - Not guilty

A

Rejects Jurisdiction - sends to crown court for trial
Accepts Jurisdiction - D decides where they want to be tried

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4
Q

Advantages of the Crown Court

A

Jury - Jury sympathy
Higher Acquittal Rate
Barrister
Legal Aid

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5
Q

Disadvantages of Crown Court

A

Lack of understanding
Higher sentencing powers
Press Gallery
Delays and length of trial
Costs are higher

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6
Q

Magistrates Court - First Instance

A

All trails start at the Magistrates
Decides bail and legal aid

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7
Q

Appeals from Magistrates - Prosecution

A
  • Appeal on point of law to Kings Bench only considers law and is not a retrial
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8
Q

Appeals from Crown Court - Prosecution

A

s.76 CJA 2003 - New evidence
Can only appeal a number of serious cases if it’s in the public interest and with the written consent of the DPP.
Criminal Procedure and Investigations Act 1996 - Nobbling

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9
Q

Appeals from Magistrates - Defence against sentence

A

s.108 Magistrates Court Act
- Crown Court can increase or decrease the sentence in line with the magistrates sentencing power.

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9
Q

Appeals from Magistrates - Defence against sentence

A

s.108 Magistrates Court Act 1980
- Crown Court can decrease the sentence in line with the magistrates sentencing power.

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10
Q

Appeals from Magistrates - Defence against conviction

A

s.108 Magistrates Court Act 1980
- Crown Court Judge will rehear case with 2 magistrates and have the option to CONFIRM, QUASH, FIND D GUILTY OF A LESSER OFFENCE or ORDER A RETRIAL (CJA 2003)

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11
Q

Under what precedent can a defendant appeal to the Supreme Court

A

D v PP 1995§

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12
Q

Appeals by D from Crown Court to….

A

Can apply for leave to appeal to Court of Appeal if new evidence or conviction unsafe or subject to procedural irregularity

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13
Q

Under what act are appeals from Crown Court to COA

A

Criminal Appeals Act 1995

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14
Q

5 circumstances P can appeal from crown to COA

A

Point of Law - CJA 1972
Against sentence - CJA 1998
Judges Ruling - CJA 2003
nobbling - Criminal Procedure and Investigations Act 1996
New evidence only serious cases - CJA 2003 s.76

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