The Criminal Courts

Question 1

What is criminal law?

Answer 1

Criminal law is part of public law, that is to say, the law concerned with the relationship between the individual and the State.

Question 2

Who is responsible for initiating criminal proceedings?

Answer 2

The State (The Crown)
- prosecution

Question 3

How would you pronounce case R v Brown?

Answer 3

‘the Crown against Brown’, or it may be referred to merely as ‘Brown’.

Question 4

What does standard of proof mean?

Answer 4

The “standard of proof” means the level of certainty to which a party must prove their case in order to succeed at trial.

Question 5

What is the standard of proof for criminal proceedings?

Answer 5

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.

Question 6

What are the parties in a criminal case?

Answer 6

The parties to a criminal case are the prosecution (the Crown) and the defendant.

Question 7

Who can start prosecutions?

Answer 7

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

Question 8

Who can be the defendents?

Answer 8

Defendants to criminal proceedings can be individuals, or ‘legal persons’ such as companies.

Question 9

What would happen if the defendant pleads not guilty?

Answer 9

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’.

Question 10

What would happen if the defendant pleads guilty?

Answer 10

• If the Defendant pleads guilty, the court will go on to sentence.

Question 11

If someone has pleaded guilty can they appeal their convinction?

Answer 11

No - they can however apply to vacate their plea if, for example, they change their minds

Question 12

What happens at the Magistrates courts?

Answer 12

• 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

Question 13

What type of offences can only be tried in the Crown Court?

Answer 13

Indictable only offences

- too serious for the sentencing powers of the magistrates

Question 14

Does the magistrates court create precedent?

Answer 14

No

Question 15

In regards to precedent, which courts are magistrates courts bound to?

Answer 15

bound by the Administrative Court of the Queen’s Bench Divisional Court, the Court of Appeal (criminal division) and the Supreme Court

Question 16

Where would a defendant go to appeal against their conviction/ sentence from the Magistrates court?

Answer 16

Crown Court

Question 17

Who can appeal against a decision (not legally flawed) made in the Magistrates court?

Answer 17

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.

Question 18

If the defendants appeal against conviction to the Crown - what will happen?

Answer 18

• 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.

Question 19

Who can appeal against a decision (legally flawed) made in the Magistrates court? And to where?

Answer 19

Both prosecution or defence

- it may appeal to the Administrative Court (High Court) ‘by way of case stated’.

Question 20

Who can appeal against a decision made in the Crown Court? And what permissions are needed?

Answer 20

Both defendant and prosecution.

• Defendant needs permission of the Court of Appeal (Criminal division)
• prosecution needs consent of the Director of Public Prosecutions

Question 21

What can a defendant appeal against if convicted in the Crown Court?

Answer 21

Both conviction and sentence

Question 22

What can the prosecution appeal against after a conviction in the Crown Court? What act enables this?

Answer 22

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.

Question 23

Who produces the sentencing guidelines for offences?

Answer 23

These are produced by the Sentencing Council, with the aim of promoting consistency in sentencing.

Question 24

What are the key grounds for appealing against sentences?

Answer 24

• 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.

Question 25

Who can appeal from the Court of Appeals (Criminal Division) to the Supreme Court?

Answer 25

either defendant or the prosecution

Question 26

What type of cases will the Supreme Court hear?

Answer 26

the 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”. This test is rarely met in individual criminal cases.

Question 27

Who are the Criminal Cases Review Commission (CCRC)?

Answer 27

• The Criminal Cases Review Commission (CCRC) is a statutory body responsible for reviewing alleged miscarriages of justice in the United Kingdom.

Question 28

What power does the CCRC have?

Answer 28

The CCRC has 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.
- If the decision to be reviewed was made in the Magistrates’ or Youth Court, the CCRC can send it back to the Crown Court for review. This review takes the form of a re-hearing (i.e. all the evidence is heard again).

Question 29

What does the CCRC have to identify to send a case back for review?

Answer 29

• Usually has to identify new evidence or a new legal argument that makes the case look significantly different. This evidence or argument must not have been considered at the time of the trial, at the initial appeal, or in an earlier application to the Commission.
• there is an “exceptional circumstances” caveat that allows the Commission to refer cases with no new evidence or argument, but such instances are extremely rare.

Question 30

What is the Judicial Committee of the Privy Council?

Answer 30

The Judicial Committee of the Privy Council is the final appeal court for UK overseas territories and Crown dependencies. It is also the final appeal court for those Commonwealth countries which have retained the appeal to Her Majesty in Council or, in the case of Republics, which have retained appeal to the Judicial Committee.
- It consists of senior members of the judiciary, usually from the Supreme Court (previously from the House of Lords). In addition, senior members of the judiciary from Commonwealth jurisdictions are also members of the Judicial Committee

Question 31

How does the Judicial Committee of the Privy council work?

Answer 31

• The purpose of the Judicial Committee is to advise the Crown, so in theory it never decides a case but instead ‘humbly advises Her Majesty’.
• the Monarch never refuses the advice of the Judicial Committee.

Question 32

What matters does the Judicial Committee of the Privy council listen to?

Answer 32

The Judicial Committee hears both civil and criminal matters.

Question 33

Are the decisions of the Privy council binding?

Answer 33

No- not binding on the English courts, but its opinions can be highly persuasive.