role of judges in criminal courts

general role

oversee the case and ensure that correct procedures are followed, to rule on points of law that arise, to direct the jury on the law and evidence and, if defendant is found guilty, impose a sentence

(magistrates courts) district judge

sit on own to decide: whether the defendant is guilty or not guilty, the sentence (generally have same sentencing powers as lay magistrates)

crown court

sit with jury when defendant pleads not guilty, decide any legal issues in case, direct jury on relevant law, decide sentence, take into account any legal submissions on behalf of defendant and consider any reports

appeals

convicted defendant can appeal to the Court of Appeal (criminal division) against sentence and/or conviction

process in court of appeal

3 judges hear legal arguments from defence and prosecution and can either confirm the original decision and/or sentence, vary the sentence or find the defendant not guilty. if so = retrial

supreme court (further appeal)

5 justices will hear legal arguments from the defence and prosecution - no evidence heard, court can agree or overrule the decision of Court of Appeal, no decision or sentence