Unit one - overview Flashcards
Criminal trials are either:
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i) Trials on indictment in the Crown Court
ii) Summary trials in the Magistrates Court
Classifications of offences
There modes of trial
a) Those triable only on indictment
b) Those triable only summarily, and
c) Those triable either way
See the MCA 1980, ss. 17 to 25. These sections must be read in conjunction with sch. 1 to the Interpretation Act 1978
Interpretation Act 1978, sch. 1
(a) ‘indictable offence’ means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way;
(b) ‘summary offence’ means an offence which, if committed by an adult, is triable only summarily;
(c) ‘offence triable either way’ means an offence, other than an offence triable on indictment only by virtue of [s. 40] of the Criminal Justice Act 1988 which, if committed by an adult, is triable either on indictment or summarily; and the terms ‘indictable’, ‘summary’ and ‘triable either way’, in their application to offences, are to be construed accordingly
The broad effect of s. 22 of the MCA 1980 is that the offences under s. 1 of the Criminal Damage Act 1971 involving damage not exceeding the relevant sum (currently £5,000) must be dealt with as if they were …
triable only summarily
The CJA 1988, s. 40, enables certain specified summary offences to appear on an indictment if they are linked to an indictable offence for which the accused has been sent to the Crown Court for trial
Those offences include:
o common assault;
o taking a motor vehicle without consent;
o driving whilst disqualified; and
o criminal damage where the value of the damage does not exceed £5,000
Criminal trial of an adult either takes place in …
Crown Court or magistrates court.
Criminal trial of a child either takes place in..
(a) special form of magistrates court, known as youth court
(b) sometimes either the Crown Court or an ordinary magistrates’ court.
Crown court – appeals
when it exercises its jurisdiction in relation to trials on indictment, appeals from its decisions lie only to the Court of Appeal (Criminal Division), just as appeals from the High Court go to the Court of Appeal (Civil Division).
decisions of the Crown Court which do not relate to trial on indictment (e.g., a decision taken in respect of an appeal from a magistrates’ court) may be challenged in the …
High Court either by an appeal by way of case stated or by application for judicial review
Judge at the crown court may be:
(a) any judge of the High Court; or
(b) any circuit judge, recorder, qualifying judge advocate or District Judge (Magistrates’ Courts); or
(c) subject to and in accordance with the provisions of sections 74 and 75(2), a judge of the High Court, circuit judge, recorder or qualifying judge advocate sitting with not more than four justices of the peace, and any such persons when exercising the jurisdiction of the Crown Court shall be judges of the Crown Court
Role of justices in the crown court
(1) When the Crown Court comprises a judge sitting with a justice or justices, the decision of the court may be by a majority
(2) The principle that the justices participate equally with the judge in the decisions of the court applies not only to the determination of the appeal, but also to interlocutory decisions (e.g., about the admissibility of evidence).
In Orpin [1975], Lord Widgery CJ said (at p. 287) that the justices should be given an opportunity of taking part in the decision as to whether disputed evidence was admissible or not. It is up to the judge whether to retire for the purpose, or whether to consult with the justices briefly and informally on the bench. However, his lordship went on to say that, in matters of law, ‘the lay justices must take a ruling from the presiding judge in precisely the same way as the jury is required to take his ruling when the jury considers its verdict’
Who has exclusive jurisdiction over trials on indictment?
CC
MC - Appeals
- A person convicted by a magistrates’ court may, if he or she pleaded not guilty, appeal to the Crown Court against conviction and/or sentence;
if the person pleaded guilty at the MC, can they appeal to the CC against conviction?
NO!
if the person pleaded guilty at the MC, can they appeal to the CC against sentence?
YES!
Bail
As well as being able to grant bail during the course of a trial on indictment or other proceedings before it, the Crown Court has jurisdiction, inter alia, to grant bail to a person:
a) who has been sent to it in custody for trial or sentence;
b) who is appealing to it from a magistrates’ court following the imposition of a custodial sentence by the justices;
c) who is appealing from it to the Court of Appeal and has been granted a certificate that the case is fit for appeal; or
d) who has been remanded in custody by a magistrates’ court following an argued bail application (Senior Courts Act 1981, s. 81).
Who does the MC consist of?
- consists of justices of the peace
- mostly exercised by a court of two lay justices
MC - Jurisdiction
o under MCA 1980, s2(1) - a magistrates court has jurisdiction to try any summary offence and (subject to the mode of trial procedure) any offence which is triable either way, irrespective of where the offence was committed.
-MC - maximum penalt?y
o The court may impose of a penalty of anything up to 12 months imprisonment and/or an unlimited fine.
o A magistrates’ court may try an either way offence allegedly committed by an adult if
a) the offence is not so serious that the court’s powers of punishment in the event of conviction would be inadequate, and
b) the accused agrees (ss. 18 to 21);
What is a youth court?
form of magistrates’ court and has jurisdiction to try children or young people for any offence (other than homicide and certain firearms offences), whether indictable or summary, although in certain circumstances the court may choose instead to send the child or young person to the Crown Court for trial (MCA 1980, s. 24).
Statutory bases
The vast majority of appeals against conviction and sentence are disposed
Court of Appeal (Criminal Division) under its statutory jurisdiction
COA - Section 15(2) of the Senior Courts Act 1981 enables the exercise of the statutory powers conferred under the following legislative provisions, amongst others:
Criminal Appeal Act 1968, ss. 1 and 2
Jurisdiction to determine appeals against conviction on indictment.
Criminal Appeal Act 1968, ss. 9 and 11
Jurisdiction to determine appeals against sentence passed following conviction on indictment.
Criminal Appeal Act 1968, ss. 10 and 11
Jurisdiction to determine appeals against sentence passed on a committal for sentence.
Criminal Justice Act 1972, s. 36
Jurisdiction to give an opinion on a point of law referred to the court by the A-G following an acquittal on indictment.
Criminal Justice Act 1987, s. 9(11)-(14)
Jurisdiction to determine appeals against rulings made at preparatory hearings in serious fraud cases.
Criminal Justice Act 1988, ss. 35 and 36
Jurisdiction to increase sentence on a reference by the A-G following an unduly lenient sentence for an offence triable only on indictment.
Criminal Appeal Act 1995, s. 9
Jurisdiction to determine appeals on a reference by the CCRC.