Overview of Criminal Procedure Flashcards
Court hierarchies and functions, overriding objective, classification of offences
What are the 3 classes of offence?
Summary; Either Way; Indictable
Interpretation Act 1978 sch. 1
Has definitions of the 3 classes of offences
What should be remembered about the term “Indictable offences” in Acts?
Provisions related to indictable offences should be understood to include either way offences
s. 40 CJA 1988
Summary Offences can appear on an indictment when linked to a greater indictable offence
What offences fall under s. 40 CJA 1988?
taking a motor vehicle without consent, disqualified driving, common assault and criminal damage less then £5k
Are attempts, aiding and abetting etc triable either way?
Yes - if the substantive offence is too (CAA 1981 s. 4(1)(c))
Characterise the Crown Court
Created by the Senior Courts Act 1971 as a single court with “branches”
How is the crown court organised throughout the jurisdiction?
by geography and a three-class status system for severity of trial
How do crown and high courts differ?
CC decisions not related to trial on indictment may be challenged in high courts.
(ss. 28(2) and 29(3) 1981 Act)
In what ways are the crown court and high court similar?
They’re both senior courts and superior courts of record. They both have contempt and enforcement powers. (SCA 1981, s. 45)
What is a senior/resident judge in a crown court responsible for?
Distribution of work and court administration
SCA 1981, s. 8
high court, district, circuit judges, recorders and qualifying judge advocates have jurisdiction in crown court
SCA 1981, s. 46(1)?
the crown court has exclusive jurisdiction over indictment trials WHEREVER (s.46(2)) they are committed.
What are the exceptions to crown court proceedings being heard by a single judge?
where justices sit with the judge, where magistrates deal with pre-trial matters.
(s.73(1) SCA 1981)
How do crown court decisions work when a judge is with justices?
decisions must be by majority. The judge can be outvoted, but where opinion is split retains the deciding vote.
What should a crown court judge sat with justices ensure?
That he consults and announces that he has consulted the justices.
What are interlocutory decisions?
Interlocutory decisions are decisions about the admissibility of evidence.
MCA 1980, s. 108
Someone who pleaded not guilty and was convicted by a magistrates court may appeal to the crown court against conviction and or sentence. Someone who pleaded guilty may only appeal against sentence.
4 circumstances where the crown court MAY grant bail before or during trial on indictment?
someone in custody for trial or sentencing, someone appealing bail from magistrates, someone appealing to CoA, someone remanded by magistrates.
What summary offences does the crown court have jurisdiction over per CJA 1988, s.40?
common assault; theft of vehicle; disqualified driving offences; either-way offences
Courts Act 2003, s.66?
gives crown court judges powers of district judges so a CC case wouldn’t need sending back to magistrates for “lesser” decisions.
Who sits in a magistrates court?
Justices of the Peace/Magistrates and district judges
What statutes contain the law on justices and magistrates courts?
Courts Act 2003 and MCA 1980
MCA 1980, s. 148(1)?
the expression “magistrates’ court” means any justice or justices of the peace acting under any enactment or by virtue of his or their commission or under the common law.