The Criminal Courts

Question 1

Magistrates Court

Answer 1

• All summary and some either-way offences
• Power to impose unlimited fine or maximum sentence of 6 months for single offence (12 for multiple)
• If do not have sentencing power will commit the defendant to the Crown Court either fro sentence or trial
• Bound by Administrative Court, Court of Appeal and Supreme Court

Question 2

Crown Court

Answer 2

• Hears indictable only and some either way offences (these cases will still begin in the Magistrates)
• Almost always involve juries

Question 3

Appeals from the Magistrates Court

Answer 3

• Appeal to the Crown Court against conviction or their sentence or both (the right to appeal is automatic)
• Court will hear trial ‘de novo’ - it will be heard afresh with all the evidence and witnesses examined again
• Prosecution has no such right of appeal against an acquittal or against a sentence imposed by the Magistrates which is too lenient
• Crown Court can increase sentence (but powers are limited to that of the Magistrates Court)
• If legally flawed can appeal to administrative court by way of case stated.

Question 4

Appeal from the Crown Court

Answer 4

A defendant convicted and sentenced in the Crown Court may with the permission of the Court of Appeal (criminal) appeal:

• their conviction
• their sentence
• both

The Attorney General may appeal in some limited circumstances against an ‘unduly lenient’ sentence imposed by the Crown Court.

Question 5

Grounds for appeal against conviction

Answer 5

• No automatic right of appeal from the Crown Court to the Court of Appeal.
• Appellant applies on paper for permission to appeal. The permission decision is made by a single judge.
• If that is refused the decision can be appealed to three judges orally
• Court of Appeal will quash a criminal conviction of the Crown Court if satisfied that the conviction is “unsafe”
• Court will hear oral argument from counsel on both sides but evidence will not be heard again: relate to new evidence, errors in trial process or misdirections of law
• If conviction is quashed so is any sentence

Question 6

Grounds for appeal against sentence

Answer 6

Permission to appeal is required.

Key grounds for appealing against sentence:
- Sentence is not justified by law
- Sentence was based on incorrect version of the evidence
- Judge took irrelevant matters into account when sentencing
- Judge misapplied or failed to give sufficient weight to the sentencing guidelines

Question 7

Appeals from Court of Appeal (criminal) to the Supreme Court

Answer 7

Supreme Court will only hear an appeal which is certified (either by the court of appeal or by the Supreme Court) as being on a point of law of general public importance. Test is rarely met.

Question 8

What are the powers of the Criminal Cases Review Commission?

Answer 8

• Power to send a case back to the Court of Appeal for review if it considers there is a real possibility that the Court of Appeal will overturn the conviction or sentence
• Usually has to identify new evidence or a new legal argument that makes the case look significantly different