The criminal court Flashcards
which are the type of criminal offences
summary offences
triable-either-way offences
indictable offences
what is summary offences
an offence that can only be tried in magistrates’ court, which has the least serious cases
what is triable-either-way offences
an offence that can be tried either in the magistrates’ court or in the crown court
middle range of crime
what are indictable offences
offences that can only be heard in the crown court . the most serious cases
murder, manslaughter and rape
which are qualified magistrates
district judges
which are unqualified magistrates
lay justice
what are the jurisdiction of the magistrates court
try all sumary cases
try any triable-either-way offences
they deal with the preliminary hearings of any triable-either-way offence which is going to be tried in the CC
deals with youth court
appeal from the magistrates court
appeal to the crown court
case stated appeal
appeal to the supreme court
appeals to the crown court main point
only available to the defence
if the defendant pleading guilty at the magistrates court , they can only appeal against sentence
if the defendant plead not guilty and was convicted then the appeal can be against conviction and/or sentence
supreme court (case stated appeals)
an appeal is made on a point of law that goes to the administrative court
by who is used (case stated appeal )
the defendant against the conviction
the prosecution against an aquittal in situation where they claim the magistrates came to the wrong decision because they made a mistake about the law
appeal to the supreme court
such an appeal can only be made if :
a) the divisional courts certifies that a point of law of general public importance is involved
b) the divisional court of the supreme court gives permission to appeal because the point is one which ought to be considered by the supreme court
people found in magistrates court
bench of lay magistrates /justice of peace
clerk of the court
solicitors/barristers(advocates)
legal executive(assist advocates)
becnch of lay magistrates/justice of peace ….
voluntary work
have only basic legal training
clerk of the court
guides bench on points of law
function of the crown court
bail decision/appeals
committals for sentence→judge sitting alone
→determine sentence with CC
powers
Appeals against conviction and/or sentence from the MC→judge sitting with 2 magistrates
→re-hearing
→can re-sentnce only to maximum of MC powers
trial of indictable only or either-way offence
people found in crown court
high court judge circuit judge recorder jury barrister/solicitor solicitor/legal executive
high court judge…
tries most serious cases-murder
circuit judge …
also hears serious cases -murder, rape
recorder…
less serious offences-burglary, theft, assault
appeals from the crown court
appeals by the defendant
appeals by the prosecution
appeal by the defendant
1) leave to appeal-defendant must get leave to appeal from the court of appeal or a certificate that the case is fit for appeal from the trial judge
2) grounds for appeal-the court of appeal shall allow an appeal against a conviction if they think that the conviction is unsafe; and shall dismiss any appeal in any other case
Appeals by the prosecution
against a judge’s ruling
against aquittal
reffering a point of law
against sentence
against judge’s ruling
judges rulling on a point of law which stops the case against the defendant
against aquittal
1) one or more jurors are bribed or threatened by associates of the defendant (where the aquittal was the result of the jury being ‘nobled’)
2) where there is new and compelling evidence of the aquitted person’s guilt and it is in the public interest for the defendant to be retried
reffering to a point of law
where the judge may have made an error in explaining the law to the jury
against sentence
about 120 cases are reffered each year and the sentence is increased in about 80% of this cases
High court main points
its functions is limited :
deals with appeals from MC ‘by way of case stated’, it can apply to the crown courts very rarely
it has habeas corpus
the court of appeal
will hear and determine appeals from the crown court
the court can squash the decision ,vary sentence , or order a new trial
the supreme court main points
determine appeals from the court of appeal
ECHR
once leave is granted the court will hear an appeal and judge in accordance with law and convention of ECHR
criminal cases review
it can refer a case back for trial and can look at facts as well as law. it can order a new investigation
If you would like some more law revision materials, i invite you to my website
https://www.mylawrevisionclass.com/
