U1A: Offences, Crown/Mag Courts, Criminal Appeals Flashcards by Sama Unknown

What are the three categories of offences?

-Summary
-Triable Either Way
-Indictable

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What are some key features of Summary Offences?

-Triable in the Magistrates’ Court only
-Least serious offences
-EG: nearly all driving offences + common assault

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What is the Pre-trial procedure for Summary Offences?

-Clerk of court will check D’s name + address, and take the plea
-If D pleads guilty then mags will sentence
-If they plead not guilty then mags will discover the issues + set a date for trial

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How do magistrates decide Summary Offences?

-If D pleads guilty and is legally represented/doesn’t wish to be represented then the Magistrates will decide on the sentence, there and then
-If D is pleading not guilty then the Magistrates must try to find out the issues involved in the case at the first hearing so that the case can proceed as quickly as possible

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What are some key features of Triable Either Way Offences?

-Middle range of offences
-Can be tried in either Magistrates’ Court or the Crown Court
-Wide range of offences, EG: theft + assault occasioning ABH

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What do magistrates decide in Triable Either Way Offences Preliminary Hearings?

-Magistrates make decision on bail or custody, and funding for representation
-D is asked whether they plead guilty or not guilty

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What happens if the D pleads guilty in TEW Offences?

-If the plea is guilty then D has no right to request a Crown Court sentencing- Magistrates’ will decide on most appropriate court

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What happens if the D pleads not guilty in TEW Offences + ACT?

-There is a mode of trial hearing!!
-s19 Magistrates’ Court Act 1980

-If the Magistrates are willing to accept jurisdiction, then D gets first say on where the trial is heard
- D is warned they may still be sentenced in Crown Court even if they request Magistrates’ Court

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Why might Ds choose the Mag/Crown court for TEW offences?

-Most Ds choose trial in Magistrates’ Court
Some will choose Crown Court because:
-They are more likely to be acquitted by a jury
-Trial will take longer to come to court so they will serve more of their sentence in a remand prison
-More likely to get legal aid

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What are some key features of Indictable Offences?

-Most serious EG: murder and manslaughter
-Must be tried and sentenced (if necessary) at the Crown Court

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What is the Pre-trial procedure for Indictable Offences?

-First (Preliminary) Hearing (only hearing at MC)
-Plea and Trial Preparation Hearing

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What happens at the First Preliminary Hearing for Indictable offences?

-D’s identity is established
-Decision made on bail, funding of legal aid/representation hearings

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What happens at the PTPH for Indictable Offences?

-Take D’s plea
-Set a trial date and a timetable
-Identify the issues for the trial

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What are Magistrates’ Courts and what are their sentencing powers?

-Local Courts: so one in almost every town -
Cases= held by Magistrates
-Limited sentencing powers of twelve months for one offence

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What do magistrates do in their jurisdiction? (6)

-Try all summary cases
-Try any triable either way offences where the D selects trial at the Magistrates’ Court
-Deal with the preliminary hearings of all criminal cases
-Issue warrants for arrest
-Making decisions regarding bail
-Try cases in the Youth Court

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What are some key features of Crown Courts?

-Currently around 90 Crown Courts
-Deal with about 80,000 cases per year
-If D pleads not guilty then a jury of 12 will decide the verdict

What is the jurisdiction of the Crown Court?

Deals with:
-Either way offences where the D has chosen trial by jury or cases the MC will not accept jurisdiction
-Indictable offences
-Appeals from the MCs

Who can appeal in Criminal Cases and what can they appeal against?

-Either prosecution or defence can appeal

-Defence can appeal against conviction/ sentence in any criminal case
-Prosecution have far more limited rights of appeal against acquittal, point of law and sentence

What is the most common Appeal route and who is it available to?

From the Magistrates’ court to the Crown Court:
-Only available to the defence

What can the D appeal against depending on how they pleaded?

-If D pleaded guilty at the Magistrates’ Court, then they can only appeal against the sentence
-If D pleaded not guilty and was convicted, then the appeal can be against conviction too

What are the D’s rights in appealing from the Magistrates’ Courts to the Crown Court?

-D has an automatic right to appeal whether they pleaded guilty or not guilty + does not need to be granted permission (leave) to appeal

Who rehears cases at a Crown Court? (from the Mag’s Court)

-A judge + two magistrates

What are the 3 options for appeals in the Crown Court?

-Confirm
-Reverse, or
-Vary the decision of the Magistrates (only up to Mag’s max. sentence)

What are ‘Cases Stated’ Appeals?

-Appeals that are on a point of law

Who can do the Case stated Appeal route?

-*Both* Prosecution + Defence can use this route

Where do Case stated Appeals come from + go?

-Appeal can be *straight* from the Magistrates' Court OR from the Crown Court *appeal route* -Appeals go to the *Administrative Court* within the *Queen's Bench* Divisional Court (division of the High Court)

What are the court procedures for 'Case Stated' Appeals?

-Magistrates/ Judge are asked to *state* the case by setting out their *findings* of fact and their *decision* -*NO witnesses* are called -Appeal heard by two or three High Court judges -Reverse/Confirm/Vary Decision

When can further appeal to the Supreme Court go ahead?

*Can go ahead if:* -The *HC* certify that there is a point of *general public importance* ; and -The HC or the SC give *permission* to appeal

What is a case example for further appeal to the Supreme Court?

-C v DPP

What point of law did C v DPP deal with?

-The *presumption* of *criminal responsibility* for *children* between the ages of 10-14

What was the PREVIOUS outcome of C v DPP and NEW outcome?

PREVIOUS: *HC* decided that the presumption that children don't know their actions are wrong, was *no longer needed* because children were now more mature NEW: The *Supreme Court* (House of Lords) *overruled* this decision + *reinstated* the presumption

How can the Defence appeal from the Crown Court?

-D must get leave to appeal from the *CoA* or the *trial judge* -Can appeal against conviction and/ or sentence *(Criminal Appeal Act 1995)* -CoA can allow an appeal *against* conviction if they feel that the conviction is unsafe -If the appeal is against sentence then the court can *decrease* the sentence, they cannot increase it

How can the Prosecution appeal from the Crown Court?

-Can appeal against a ruling on a *point of law (Criminal Justice Act 2003)* -Against an *acquittal* -Only where they suspect *jury nobbling* *(Criminal Procedure and Investigations Act 1996)* -Or there is *new and compelling evidence* of the *defendant's guilt* *(Criminal Justice Act 2003)* -A-G can appeal against sentence *s36 Criminal Justice Act 1988* -Can refer a point of law to the CoA if the defendant is acquitted *s36 Criminal Justice Act 1972*