Unit 3 - AC2.2 Trial Processes

Question 1

Describe court processes within the Magistrates Court

Answer 1

• All criminal cases are first heard in the Magistrates’ Court as a result of the Crime and Disorder Act 1998.
• Deal with summary and triable either way offences
• Three magistrates / Count Clerk / D is represented by a solicitor and a CPS representative presents the prosecutions case

Question 2

Describe court processes within the Crown Court

Answer 2

• Deal with indictable offences and those that the magistrates court have refused jurisdiction on (around 5% of all cases)
• Jury of 12 members of the public / Judge / court clerks and a court usher
• Start with a Magistrates’ court hearing. After the plea, the arrangement of bail proceedings and indictable offences cases are transferred to the Crown Court for either sentencing or a trial
• The defendant appears at the Crown Court within 8 days if held on remand, or 28 days if held on bail

Question 3

Describe appeal processes in Magistrates Court

Answer 3

• two automatic rights of appeal
• can appeal against your conviction or sentence
• If accepted, the appeal will be heard in a re-trial in the Crown Court by a judge and two magistrates to Uphold or quash conviction
• If you lose appeal and still want to appeal, you must be granted (permission to do so and has to be on a point of law

Question 4

Describe appeal processes in Crown Court

Answer 4

• No automatic right to appeal
• judge must decide
• The only grounds for appeal in Crown Court is if the conviction was unsafe. e.g disclosure errors
  The prosecution can also appeal on the following grounds:
  A belief there was jury tampering
  A belief that the sentence was unduly lenient

Question 5

Describe appeal processes in Court of Appeal

Answer 5

Appeals from a crown court are heard in The Court of Appeal – an appellate court
- consists of three high members of the judiciary
The Court of Appeal cannot re-try a case but it can do the following:
Order a retrial (to take place at Crown Court)
Quash a conviction
Decrease a sentence

Question 6

Describe appeal processes in Supreme Court

Answer 6

If the Court of Appeal cannot come to a consensus or decision made was unsafe, it is possible to appeal to the Supreme Court

• decisions are binding on all other courts
• Twelve Lords, whose expertise are in law
• only hears cases that have not been resolved in lower courts.