Unit 1 - Criminal Courts 2016-2017 Flashcards
What type of cases are heard in the magistrates court?
Summary and Triable either way offences
Give examples for triable either way offences
speeding, s20 OAPA 1861, Theft
Give examples of crimes for summary offences
minor criminal damages, assault, speeding
How many magistrates are there in the magistrates court?
3
In appeals from the magistrates’ court, what can the crown court do for appeals against conviction?
Uphold it, quash it (guilty to innocent), vary it (lower convictions)
For appeals against sentence in the magistrates’ court what can they do to D’s sentence?
Uphold it, decrease it or increase it, but increase it only to the maximum of the magistrates sentencing powers
What are case stated appeals?
Both sides may use this to make an appeal on a point of law. They claim that magistrates misunderstood, misapplied or misinterpreted the law.
Where do case stated appeals always go?
The queen’s bench divisional court
What options does the Queen’s bench divisional court have in a case stated appeal?
Uphold magistrates’ decision, reverse it, remit case back to magistrates’ court
In the crown court who in the court hears appeals against convictions and sentences?
1 judge, 2 magistrates
How can a defendant appeal from the crown court?
They can apply for and be granted ‘leave’ to appeal from the crown court
How does the court of appeal settle appeals against conviction ?
Uphold it, quash it or vary it, order a retrial
Give a case for appeals against conviction in the court of appeal and outcome
R v George, court of appeal quashed previous conviction and acquitted him
How does the court of appeal settle appeals against sentence?
They uphold it, decrease it but do not increase it
Give a case for appeals against sentence
R v Herbert, R v Philpotts
