Legal system - 1.2 criminal courts and lay people Flashcards
what is the jurisdiction of magistrate courts?
- deal with majority of the cases.
- Try all summery cases.
- Try any triable - either - way offences which the mags are prepared to accept jurisdiction and where the defendant agrees to summary trial by the mags.
- Deal with preliminary hearings of any triable either way offence which going to be tried in the CC court.
- Deal with first preliminary hearing of all offences.
- Deal with all side matters connected to criminal cases. such as issuing warrants for arrest and deciding bail applications.
- Try cases in youth court where the defendants are aged 10 - 17 inclusive.
what is the jurisdiction of the crown court?
- smaller case load than mags (estimate of 80,000 p/a)
- triable either way offences where D has elected to be tried in CC court or the magistrates have decided the case is too serious for them and sent it to the CC court.
- All indictable offences.
- Appeals from the magistrate court.
- if the defendant pleads guilty at the CC court a judge decides the sentence.
- If D pleads not guilty at the CC court the case is tried by a judge.
what does the CC court have?
- there is a defence barrister.
- there is a prosecution barrister.
- There is jury.
- Jury decides the verdict.
- the judge will decides if the prosecution barrister has presented enough evidence.
- Witnesses are examined.
- The judge will sum up the evidence, direct the jury on legal case: and remind them to make sure they must find the defendant not gulity.
- Only the judge postpone the sentencing e.g mothers.
what is summary offences?
- least serious offences.
- Always tried in the mags court.
- nearly all driving offences, common assault, criminal damages below £5,000, shoplifting below £200.
what is triable either way offences?
- middle range crimes.
- either in mags or CC court.
- wide range = theft, assault causing ABH.
- if the defendant pleads guilty it goes to a mags, if not guilty they can ask to go to a CC court with a jury. mags can decide if it’s too serious for them and sent it to a CC.
what is Indictable offences?
- most serious offences.
- murder, manslaughter, rape, theft.
- preliminary hearing at Mags but it then must be tried at CC court with a judge and jury.
what is the hierarchy of the criminal court?
1) Supreme court
2) Court of appeal
3) high court
4) Crown court
5) magistrate court.
who are the magistrates?
- the mags acts as a judge and hear the evidence and decide the verdicts.
- there are three mags.
- Not legal and not paid.
- Here all summary offences.
- can hear triable either way offences, but they can move a case up to the CC court if there serious.
- A trained legal advisor attends and ensures procedure is followed. e.g only admissible evidence is used.
- Advices non - represented Defendants.
what is pre trial procedures?
- criminal law is set by the state, so the state prosecuted D.
- The majority of criminal prosecutions are conducted by the crown court prosecution service (CPS).
- CPS review evidence collected by the police.
- There is a code for crown prosecutes.
- they ask two questions:
A) is there enough evidence.
B) is it in the public interest. - they present the evidence in the court.
1) cps scrutinise the evidence, “more then likely guilty.”
2) the public interest test. one both are presented, the police can charge.
what is the pre trial procedure for summery offences?
1) the better case management scheme.
2) to complete the case early as possible.
3) the mags will decide the sentence now.
4) driving offences are dealt with first hearing through a procedure.
5) The mags will have the first hearing to discover the issue involved with the case quickly and efficiently as possible.
what is the pre trial procedure for triable either way offences?
1) the D has no right for the case to be heard at CC court. And the mags will decide to send D to CC court for the sentence.
2) if D pleads not guilty, Thr mags will carry out a “mode of trial” to decide if the case will be in CC or Mags court.
3) Under 19s of the mags court act of 1980. Complex questions.
4) breach of trust by D, and the crime organised gangs.
5) the D has the right to choose the jury or mags.
what is the sentencing in mags court?
- mags have the sentencing power that allows them to impose a range of sentences, including unlimited fines, bans, community orders and up to 6 months custody, depending on the offences.
what is the pre trial procedure for indictable offences?
- first hearing is still in the mags court.
- deal with issues such as applying for legal aid.
- sent up to a crown court after.
what is appeals?
- the conviction must be “unsafe” to appeal it.
- New evidence is often the reason.
- Jury verdict is hard to overturn.
what is the appeals from mags to appeals to the CC court?
1) is it heard at the mags court and then up to the cc court if it is serious.
2) is is available to the defence.
3) can only appeal the sentence.
4) they can appeal for the conviction and the sentence.
5) yes it is allowed.
6) the judge and two mags hear the appeal.
what is the appeals from cc court by the prosecution?
1) parliament have given some limited rights to appeal.
2) criminal justice act granted the right for prosecution to appeal.
- if a judge made an error in law, the D can appeal.
- there are two ways can be acquitted be appeal, one of them is if the jury has been “nobbled” — bribed or threatened by associate.
- this was granted by investigation act 1996. Acquitted is quashed, proceedings start a law.
- another one is compelling new evidence and it have to be public interest. And the power given by CJA 2003.
- Went against the principle of double jeopardy. (cannot be retired twice for the same crime).
- The DPP has to consent to this.
- in Lawrence case, DNA was used 19 years after, to retried for the same murder.
what is the appeals from CC court by a Defendant?
1) lawyer should advise him/her to appeal or not.
2) D 28”” get a certificate is appeal from judge.
3) the judge grants it.
4) A) shall allow an appeal against conviction if they think that the conviction is unsafe. criminal appeal act 1995z
b) shall dismiss such an appeal in other cause, and have to be admissible at the trial.
6) quash the conviction, and only since 1988, reluctant to use at first. Now an increasing trend. and (full retrial with aiory)
- for sentence they can only decrease the sentence - can’t quash or increase. and so retrials being ordered each year.
What is the appeals from a cc court by the prosecution?
- when referring to a point of law: judge made an error explains a point of law to jury. And if that’s the case, then you move it up to court of appeal.
- criminal justice act 1972z
- attorney general can refer to a point of law to a COA. this would not affect an actual acquitted, but would set a precedent.
- The attorney general can apply for leave to refer an unduly lenient sentence to the court of appeal.
- victim or members of the public can submit cases to the attorney general.
- This is known as unduly lenient sentence (ULS) scheme.
what is further appeals to the supreme court?
- Both prosecution and the defence may appeal from the court of appeal to the supreme court:
- involving a point of law if general public importance. Permission from supreme court, COA only, a few criminal appeals each year.
what is case stated appeals?
- case stated : the higher judge has to accept the facts of the previous case but is there to apply a point of law an inferior court could not.
1) prosecution and defence.
2) it comes from the mags court and cc courts.
3) the mags or cc courts decides if the case by finding the facts and to their decisions.
4) it goes to the high court judges from the kings bench.
5) the divisional courts may confirm, vary or reverse the decision or remit (sent back) the case to the mags court for the mags to implement the decision on the law.
what is further appeal to the SC court in relation to academic stated appeals?
A) the divisional court certified that a point of law of the general public importance is involved.
B) the divisional court or the supreme court gives permission to appeal because the point is one which ought to be considered by The SC court.
- very few criminal cases make it to the SC court.
What is C v DPP (1994)
- until this case, it had been accepted that a child could only be convicted if the prosecution proved that the child know he/she was doing wrong. Divisional court held that times had changed, children were more mature were presumed.
- to know the difference between right and wrong. The house of lords overruled the divisional court, holding. ( The old law).
- lords ruling was on the basis that if was for parliament to make such a major change to the law, not the courts. Courts were bound by precedent.
what is the personal qualities of lay magistrates?
- aware of social issues.
- mature, understand people and have a sense of fairness.
- Reliable and committed to serving the community.
- understand documents, follow evidence and communicate effectively.
- think logically, weight up arguments and reach a fair decision.
who are lay magistrates?
- are unpaid, part time judges who sit in the magistrates court (lowest of all courts). These are normal members the community who have no legal qualification. Referred to as “justice of the peace”.
- deal with 90% of all crimes.
