Process & Appeals 1 Flashcards
Types of offences?
Summary (least serious) - heard in magistrates court, examples: assault, battery
Triable either way - heard in either magistrates or crown, examples: ABH, wounding with intent to cause SOME harm
Indictable (most serious) - heard in crown court, examples: wounding with intent to cause SERIOUS harm
Who deals with most cases?
Magistrates’ courts deal with the vast majority of criminal cases - about 97% which equates to about 1 million cases a year.
How many magistrates hear the case?
3
As well as hearing all summary offences and some triable either way offences, what else do magistrates do?
- Hear ALL cases in Youth Court
- Decide matters relating to criminal process, e.g. warrants, bail
- Preliminary hearings for TEW cases going to crown court
- Preliminary hearings for indictable offences
What two types of offences does this court deal with?
- Triable either way
- Indictable
The jury hears this case.
Judges role and Juries role?
- Direct the jury on points of law
- Decides the sentence
Juries role is to decide the verdict (wouldn’t be involved where there’s a risk the jury would be biased.
Pre trial Procedures (Summary Offence)?
Preliminary Hearing in Magistrates Court
- Charge is outlined
- D will confirm his name and address
- D will plead guilty or not guilty
If D pleads not guilty:
- Application for bail
- If bail refused D will be held on remand
Case adjourned and date set for trial at the Magistrates Court. Hear evidence, decide a verdict, sentence D.
Magistrates Court for trial
If D pleads guilty:
Sentenced by Magistrates
Maximum 6 months imprisonment and/or unlimited fine
Pre trial Procedures (Triable either way Offence)?
Preliminary Hearing in Magistrates Court:
- Charge is outlined
- D will confirm his name and address
- D will plead guilty or not guilty
If D pleads not guilty:
- Application for bail
- If bail refused D will be held on remand
Mode of Trial Hearing at Magistrates Court to decide which court will hear the trial: Magistrates or Crown. Assess seriousness of offence and D’s preference. Once a court has been selected, a date will be set for the trial. For the Crown Court, Committal Papers must be prepared.
Goes to either:
- Magistrates Court for trial
- Crown Court for trial
If D pleads guilty:
Sentenced by Magistrates
Maximum 6 months imprisonment and/or unlimited fine
If D requires a longer sentence the case can be transferred to the Crown Court.
Pre trial Procedures (Indictable Offence)?
Preliminary Hearing in Magistrates Court:
- Charge is outlined
- D will confirm his name and address
- Case transferred to Crown Court
Plea and Case Management Hearing in Crown Court
If D pleads not guilty:
- Application for bail
- If bail refused D will be held on remand
- Date will then be set for trial at Crown Court before a Judge and a Jury.
Crown Court for trial
If D pleads guilty:
Sentenced by the Crown Court
What appeals can be made from Magistrates Court?
- Appeals against conviction
- Appeals against sentence
Who in this court hears Conviction type of appeal?
Judge + 2 Magistrates
Who in this court hears Sentence type of appeal?
Judge + 2 Magistrates
What can they do to D’s conviction?
- Uphold it
- Quash it
- Vary it
What can they do to D’s sentence?
- Uphold it
- Decrease it
- Increase it
How is it limited when increasing the sentence?
Sentence can only be increased to magistrates maximum sentencing powers.
