Criminal Courts, Processes and Appeals

Classification of Offences

• Summary Offences- Minor / Low level

• Triable Either Way Offences - Mid-range, can be committed in a minor or serious manner

• Indictable Offences - Most serious criminal offence

Summary Offences

Least serious offences e.g. Assault, battery

Tried in Magistrates’ Court

Triable Either Way Offences

Mid-Range offences

e.g. ABH, theft

Tried in MC or CC

Indictable Offences

Most serious offences
e.g. S.18 GBH, Murder, Manslaughter

Tried in the CC

Jurisdiction of Magistrates’ Court

• Tries all Summary Offences

• Plea before Venue and Mode of Trial hearings in TEW offences, and trials of such offences where they have the sentencing power & D chooses the MC

• Jurisdiction set out in Magistrates’ Court Act 1980

• Issues search and arrest warrants to police

• Grants bail to Ds

• Hears cases in relation to 10-17 year olds in the Youth Court

• Maximum sentence is 6 months or 12 months where D is charged with two TEW offences

• No maximum limit for fines in the MC for specified offences

Jurisdiction of Crown Courts

• Tries TEW where MC does not have sufficient sentencing powers to deal with case, or where D chooses CC trial

• Hears Plea and Preparation for Trial Hearings of indictable cases and bail applications

• Hears appeals from MC against conviction or sentence

Criminal Process for Summary Offences

1. Heard only in the Magistrates Courts

2. Either by three Lay Magistrate or by one District Judge

3. Legal Advisor (AKA Court Clerk) will ask D to confirm their name and address

4. D will be asked to enter their plea

5. If they plead guilty, they will often be sentenced there and then

6. If the plead NG, Magistrate will ask for an early administrative hearing where the defence offers evidence and witnesses, pre-sentence and medical reports will be requested. There will also likely be an adjournment for P and D to prepare for trial (perhaps obtain legal advice)

7. Magistrates will reach their verdict in private and return to deliver the verdict in court

8. Sentence will be passed if D is found G. If NG then D will be acquitted

Criminal Process for Triable either Way (TEW) Offences

1. D will be asked whether they plead G or NG to offence. (Plea before venue and EAH will take place)

2. If D pleas G then case is automatically heard by Magistrates’ court

3. Magistrates then sentence but retain the option of sending D to Crown Court for sentencing if necessary

4. If D pleads NG, Magistrates consider if they have jurisdiction and whether they have adequate sentencing powers. MC can only pass a maximum sentence of 6 months or 12months for more than one offence

5. If MC feel they lack jurisdiction or sentencing power then case is given to CC

6. If MC accept jurisdiction, the D is given the choice to be tried in MC or CC

7. Magistrates retain the right to send the case to the CC for sentencing upon completion of the trial following a guilty verdict.

Criminal Process for Indictable Offences

1. All cases pass through MC at beginning for an Early Administrative Hearing (EAH) which allows legal representative to request bail, apply for legal funding and request for pre-sentence and medical reports.

2. If bail is refused, D will be remanded in custody until further notice

3. First hearing at CC (must be within 28 days) involves the plea and case management hearing (PCMH) to arrange date for trial & make sure everything is arranged for trial.

4. If D pleads G at first hearing then sentence will be passed immediately.

5. If D pleads NG, the defence and P have to inform the court of the following which enables judge to complete a plea and direction hearing questionnaire:

   a) Case issues like conflicting witness statements, b) Order and number of witnesses to determine length of trial, c) Formal admissions exhibits f) Points of law like MR g) Admissibility of evidence, h) estimated length of trial (including availability of counsel and witnesses).

   A date will be set for trial.

6. At trial, jury will reach their verdict in private

7. Sentence is passed (if found G, if not then D will be acquitted)

Appeals

If D or P are not happy with the decision in a case, there may be an appeal.

Usually due to perceived errors of fact, law or procedure

Appeals are governed by the Criminal Appeals Act 1995

Appeals from the Magistrates’ Court

4 avenues of Appeal

1. D who pleaded NG has automatic right to appeal conviction or sentence to CC. If D pleaded G then can appeal against sentence. - Entire case will be reheard by Circuit Judge and 2-4 Magistrates who will confirm or substitute the verdict or sentence

2. Under s.142 Magistrates’ Courts Act 1980 allows Magistrates to correct an error they have made where it is the interest of justice to do so - Case will be reheard by a different Magistrates bench

3. Both D and P can appeal where the feel that Magistrates have made a mistake in the law or gone out of their jurisdiction - Written appeal known as appeal by way of “Case Stated” on point of law. - Heard in King’s Bench Divisional Court by up to 3 High court Judges

4. An appeal from KBD to SC is possible on a Point of law of general public importance and the SC or KBD gives permission.

Appeals from the Crown Court

1. D can appeal court’s findings of fact, law conviction or sentence to Court of Appeal (Criminal Division) but requires permission from trial judge or CA

   (Appeal open to P if they believe that jury or witnesses have been bribed or intimidated). From CA, an appeal can be heard by the SC on point of law of general public importance but requires permission from CA or SC.

2. Appeal by way of “case stated” under ATJA 1999 can be heard by KBDC

3. Criminal cases review commission (CCRC) can bring a case to CA’s attention if possible miscarriage of justice