(RED) Criminal Courts: Procedure and Appeals

Question 1

What is the least serious type of offence and where will these cases be heard?

Answer 1

Summary offences- in the Magistrates Court.

Question 2

What is the middle type of offence and where will these cases be heard?

Answer 2

Triable either way and will either be heard in the Magistrates or Crown Court.

Question 3

What is the most serious type of offence and where will these cases be heard?

Answer 3

Indictable offences- in the Crown Court.

Question 4

What is the procedure for a guilty plea for a summary offence?

Answer 4

D is charged with a summary offence and appears before a Magistrates Court for a preliminary hearing. D pleads guilty and the Magistrates sentence D to a max of 6 months. They could refer the case to the Crown Court if their powers of sentencing aren’t enough.

Question 5

What is the procedure for a not guilty plea for a summary offence?

Answer 5

D is charged with a summary offence and appears before a Magistrates Court for a preliminary hearing. D pleads not guilty and the magistrates set a date for trial. They consider whether to grant bail and any conditions to put on it. At the trial, the Magistrates hear all the evidence and reach a verdict. If found guilty, they will sentence D to a max of 6 months. They could refer the case to the Crown Court if their powers of sentencing aren’t enough.

Question 6

What is the procedure for a guilty plea for a triable either way offence?

Answer 6

D is charged with a triable either way offence. D pleads guilty at the plea before venue hearing in the Magistrates Court. The Magistrates sentence D to a max of 6 months. They could refer the case to the Crown Court if their powers of sentencing aren’t enough.

Question 7

What is the procedure for a not guilty plea for a triable either way offence?

Answer 7

D is charged with a triable either way offence. D pleads not guilty at the plea before venue hearing in the Magistrates Court. There is then a mode of trial hearing where the Magistrates decide if it is possible for the case to be heard in the Magistrates Court or if it has to go to the Crown. If it is possible then D gets the choice of which court to go to (defendant’s election). If they opt for the Magistrates Court then Magistrates will hear all the evidence and reach a verdict. If guilty, they will sentence D to a max of 6 months (can refer if powers aren’t enough). If Crown Court then there is a case management hearing at the Crown Court where a date is set for trial and bail is decided. At the trial, a jury will decide the verdict and a judge will sentence D if guilty.

Question 8

What sort of factors are taken into consideration by the Magistrates at a mode of trial hearing?

Answer 8

• Level of seriousness of offence
• Whether their powers of punishment will be enough
• If the case involves complex issues or facts of law
• If there was an abuse of trust
• If the offence was organised by a gang

Question 9

Why is it cheaper for D to choose to have the trial in the Magistrates Court?

Answer 9

Trial in the Crown Court lasts several days which can be expensive if D is paying for their own lawyers. If D has to pay part of the Prosecution cost this is also greater in the Crown Court than in the Magistrates.

Question 10

Why is it quicker for D to choose to have the trial in the Magistrates Court?

Answer 10

There is usually a longer wait for the Crown Court (currently 250 days) and if no bail is given, the waiting time is spent in prison. Procedure is also simpler in the Magistrates Court and a trial rarely takes longer than half a day compared to several days in the Crown Court.

Question 11

Why are limits on sentencing an advantage of choosing the Magistrates Court?

Answer 11

Magistrates can give a max sentence of 6 months for 1 offence or 12 months for 2 or more offences compared to much greater possible sentences in the Crown Court.

Question 12

Why is local knowledge an advantage of choosing the Magistrates Court?

Answer 12

This can be advantageous in offences like driving incidents if the Magistrates deal with lots of similar offences in an area that is particularly hard to drive in. This means they might be more lenient.

Question 13

Why is D more likely to be acquitted in the Crown Court?

Answer 13

It is a trial in front of 12 ordinary people who are much more likely to sympathise with the defendant. Juries acquit 35% of the time. Factors like directed acquittals and witnesses not showing up mean 60% of defendants who plead not guilty are acquitted in the Crown Court compared to only 15% in the Magistrates Court.

Question 14

Why is legal aid an advantage of choosing the Crown Court?

Answer 14

It is very difficult to get legal aid in the Magistrates Court and it can make a big difference to a less well-off defendant.

Question 15

Why are lawyers at the Crown Court generally more experienced?

Answer 15

The legal representative at the Crown Court must have a certificate of advocacy giving the right to present cases at the Crown Court so has to be well qualified.

Question 16

Why can it be an advantage for D to serve time on remand if they are likely to receive a custodial sentence?

Answer 16

There is a longer waiting time for the Crown Court meaning D is in remand for longer. Any time served on remand is taken off a custodial sentence and prisoners on remand have better rights, more visits etc. than a convicted prisoner.

Question 17

What is the procedure for an indictable offence?

Answer 17

D is charged with an indictable offence, appears before the Magistrates and enters a plea. Magistrates deal with any preliminary issues like legal representation and bail and then the case is referred to the Crown Court for a case management hearing where a date is set for trial. At the trial, the jury decide the verdict and if guilty, the judge decides the sentence.

Question 18

What percentage of criminal cases does the Crown Court hear?

Answer 18

Less than 3%

Question 19

Which court and who specifically hears a D’s appeal against either conviction or sentence from the Magistrates Court? When can D do this?

Answer 19

The Crown Court- 1 judge and 2 magistrates.
D has an automatic right of appeal from the Magistrates Court.

Question 20

What can the Crown Court do to D’s conviction from the Magistrates Court?

Answer 20

• Uphold it
• Quash it
• Vary it downwards (e.g. ABH down to battery)

Question 21

What can the Crown Court do to D’s sentence from the Magistrates Court?

Answer 21

• Uphold it
• Decrease it
• Increase it to the magistrates’ max sentencing powers

Question 22

Where does a D’s appeal from the Crown Court go and what do they need to do this?

Answer 22

To the Court of Appeal where 3 Lord Justices of Appeal will hear the case. D needs leave from a Justice of Appeal first.

Question 23

What can’t the Court of Appeal do to D’s sentence?

Answer 23

Increase it.

Question 24

When can D appeal to the Supreme Court if they are unhappy with a decision from the Court of Appeal?

Answer 24

If the case raises a matter of general public importance.

Question 25

Which case is an example of an appeal against a conviction?

Answer 25

R v George- the Court of Appeal quashed D’s conviction the second time and ordered a retrial without the forensic evidence. This was because they decided the forensic evidence used in the original trial wasn’t relevant as there was no proof the gunshot residue came from the murder weapon.

Question 26

Which cases are examples of appeals against a sentence?

Answer 26

R v Herbert and others- the CoA reduced D’s sentence by 9 months as they decided the judge in the original trial hadn’t given enough consideration to D’s guilty plea.
R v Philpott- the CoA upheld Mairead’s sentence as they decided it was the right sentence.

Question 27

What can the Prosecution appeal against?

Answer 27

• Against a judge’s ruling that stops the case (directed acquittal).
• Against an acquittal if there was suspected jury nobbling, asking for the acquittal to be quashed and for a retrial. Or they will ask for a retrial if new and compelling evidence comes to light.
• By referring a point of law if they think the judge has made a mistake. This asks the Attorney General to clarify the point of law for future cases.
• Against an unduly lenient sentence.

Question 28

What is either the Prosecution or D claiming in a case stated appeal?

Answer 28

That the law has been misapplied or misunderstood.

Question 29

Which court hears case stated appeals and what powers does it have?

Answer 29

Queen’s Bench Division and they can confirm the point of law, reverse it and or remit it back to the original court after the law has been reversed.

Question 30

When will a case stated appeal go to the Supreme Court?

Answer 30

If either the Prosecution or D is unhappy about the decision made by the QBD and the point of law is of general public importance. They need leave to do this.

Question 31

What happened in the Jon Platt case?

Answer 31

It was a case about paying penalties for taking children out of school for a holiday. The Supreme Court reversed the law to say that regular attendance meant in line with school rules and so D had to pay the fine.

Question 32

Which case is an example of when the Prosecution could have appealed about a directed acquittal?

Answer 32

R v Counsell.

Question 33

Which case is an example of when the Prosecution appealed about the fear of jury nobbling?

Answer 33

PC Andrew Harper Case.

Question 34

Which case is an example of when the Prosecution appealed against an acquittal due to new and compelling evidence?

Answer 34

Dobson and Norris being found guilty after a retrial for their part in the Stephen Lawrence murder after advances in forensic technology.

Question 35

Which case is an example of when the Prosecution appealed by referring a point of law?

Answer 35

Attorney General’s Ref No 3 1994 that said that it was murder to cause a baby to die after it is born, even if the injuries were done when the baby was a foetus.

Question 36

Which case is an example of the Prosecution appealing against an unduly lenient sentence?

Answer 36

R v Yates where the gun supplier’s sentence increased from 7 to 12 years.