Paper 1 - The Criminal Courts and Lay People Flashcards
Who is Criminal Law set down by?
What can a breach of Criminal Law lead to?
The State.
A penalty such as imprisonment being imposed on the defendant in the name of the state.
Where D pleads not guilty, who’s role is it to try the case?
The role of the court is to try the case and decide if D is guilty or not guilty.
Who is the burden of proof on?
The burden of proof is on the prosecution to prove the case beyond reasonable doubt.
Which two courts hear criminal trials?
Magistrates' Court (where the trial is before three lay magistrates.) Crown Court (where the trial is before Judge and Jury)
What is the route of appeal from the Magistrates’ Court to the Crown Court?
D can appeal to the Crown Court against conviction and/or sentence from Magistrates’. The Crown Court can confirm, reverse or vary the conviction; they can confirm the sentence or increase or decrease it.
What is the route of appeal from the Magistrates’ Court to the QBDC?
D or the prosecution can appeal to the Queen’s Bench Divisional Court where the appeal court will decide on whether or not the Magistrates have made the correct decision on the law. This is known as a case stated appeal. The QBDC can confirm, vary or reverse the decision or remit (send back) the case to the Magistrates Court to implement the decision on the law.
Where is there a possible further appeal to from the QBDC?
The Supreme Court.
From the Crown Court, where can D appeal to?
From the Crown Court, D has the possibility of appealing against conviction and/or sentence to the Court of Appeal (Criminal Division).
What can the Court of Appeal do under the CRIMINAL APPEAL ACT 1995?
If the Court of Appeal decides that the conviction is unsafe, they can allow the appeal and quash the conviction. Alternatively, they can vary the conviction to that of a lesser offence. They can order a retrial or dismiss the appeal.
Who can appeal from the Court of Appeal to the Supreme Court?
What must the case involve?
Both the prosecution and D can appeal from the Court of Appeal (Criminal Division) to the Supreme court, but the case must involve a point of law of general public importance and permission to appeal is needed.
What is the principle from CRIMINAL JUSTICE ACT 2005 which parliament placed limited rights of appeal on the prosecution?
(What appeal rights do the prosecution have from the crown court?)
If the trial Judge in the Crown Court gives a ruling on a point of law which effectively stops the case against D the prosecution can appeal to the Court of Appeal (Criminal Division) against that ruling: CRIMINAL JUSTICE ACT 2003. This right to appeal makes sure an error of law by the trial judge does not lead to an acquittal.
The prosecution can only appeal to the Court of Appeal (Criminal Division) against an acquittal when…
(What appeal rights do
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