The Criminal Courts Flashcards
What is criminal law?
Criminal law is part of public law, that is to say, the law concerned with the relationship between the individual and the State.
Who is responsible for initiating criminal proceedings?
The State (The Crown) - prosecution
How would you pronounce case R v Brown?
‘the Crown against Brown’, or it may be referred to merely as ‘Brown’.
What does standard of proof mean?
The “standard of proof” means the level of certainty to which a party must prove their case in order to succeed at trial.
What is the standard of proof for criminal proceedings?
theprosecution bears the burden of proofin criminal proceedings. This means that the prosecution must prove its case beyond reasonable doubt; the defendant (with some exceptions) does not have to prove anything.
What are the parties in a criminal case?
The parties to a criminal case are the prosecution (the Crown) and the defendant.
Who can start prosecutions?
Most criminal cases are started by the Crown Prosecution Service (‘CPS’) but can be started by other agencies such as the Health and Safety Executive or the Environment Agency. Prosecutions can also be started at local government level
Who can be the defendents?
Defendants to criminal proceedings can be individuals, or ‘legal persons’ such as companies.
What would happen if the defendant pleads not guilty?
If the Defendant pleads not guilty, the case will go on to a trial.
- The court’s decision in criminal proceedings at first instance (i.e. at trial) is called a ‘verdict’.
- It will be either ‘guilty’ or ‘not guilty’. If the defendant is found guilty, the court will go on to impose a ‘sentence’.
What would happen if the defendant pleads guilty?
- If the Defendant pleads guilty, the court will go on to sentence.
If someone has pleaded guilty can they appeal their convinction?
No - they can however apply to vacate their plea if, for example, they change their minds
What happens at the Magistrates courts?
- The Magistrates’ Court is the lowest level of court in the hierarchy of criminal courts. Virtually all criminal cases start in the Magistrates’ Court, and around 95% will end there.
- The Court tries all summary criminal offences (minor offences) and some triable either way offences (mid-range offences which can be tried in either a magistrates’ court or Crown Court). The Magistrates also have some civil jurisdiction.
- The Magistrates have the power to impose a fine of up to £5,000 and/or impose a maximum prison sentence of six months for a single offence.
- Where the Magistrates do not dispose of a case, either because they do not have the power to impose a higher sentence or because the offence is one triable either way and a Crown Court trial is thought more appropriate, then they may commit the defendant to the Crown Court either for sentence or trial, as the case may
What type of offences can only be tried in the Crown Court?
Indictable only offences
- too serious for the sentencing powers of the magistrates
Does the magistrates court create precedent?
No
In regards to precedent, which courts are magistrates courts bound to?
bound by the Administrative Court of the Queen’s Bench Divisional Court, the Court of Appeal (criminal division) and the Supreme Court
Where would a defendant go to appeal against their conviction/ sentence from the Magistrates court?
Crown Court
Who can appeal against a decision (not legally flawed) made in the Magistrates court?
Only the defendants, The prosecution has no such corresponding right of appeal against an acquittal or against a sentence imposed by Magistrates, which it considers too lenient.
If the defendants appeal against conviction to the Crown - what will happen?
- their trial will be heard ‘de novo’ i.e. afresh, with all the evidence and witnesses examined again.
- The trial will take place before a Crown Court Judge flanked by two Magistrates
- the sentencing powers of the Crown Court are greater than those of the Magistrates, and so their sentence may be increased if the appeal is unsuccessful.
Who can appeal against a decision (legally flawed) made in the Magistrates court? And to where?
Both prosecution or defence
- it may appeal to the Administrative Court (High Court) ‘by way of case stated’.
Who can appeal against a decision made in the Crown Court? And what permissions are needed?
Both defendant and prosecution.
- Defendant needs permission of the Court of Appeal (Criminal division)
- prosecution needs consent of the Director of Public Prosecutions
What can a defendant appeal against if convicted in the Crown Court?
Both conviction and sentence
What can the prosecution appeal against after a conviction in the Crown Court? What act enables this?
The Criminal Justice Act 2003 enables the prosecution to apply to the Court of Appeal for an order quashing the acquittal of anyone found not guilty of a ‘serious offence’.
- The Attorney General may appeal, in some limited circumstances, against an ‘unduly lenient’ sentence imposed by the Crown Court.
Who produces the sentencing guidelines for offences?
These are produced by the Sentencing Council, with the aim of promoting consistency in sentencing.
What are the key grounds for appealing against sentences?
- The sentence is not justified by law (i.e. the Judge made an error of law when passing it).
- The sentence was based on an incorrect version of the evidence.
- The Judge took irrelevant matters into account when sentencing.
- The Judge misapplied or failed to give sufficient weight to the sentencing guidelines.
