Criminal Courts and Appeals

Who is a criminal case between?

The Crown/State V Defendant

What is the standard of proof in criminal cases and who is the burden upon?

Beyond reasonable doubt

The prosecution has to find D guilty

When are juries used in the criminal justice system?

Only in the Crown Court, and sometimes in the King’s Bench Division in the High Court

In most Criminal cases, which court is the court of first instance?

Magistrates’ Court

What are the 2 types of First Appeal Courts in the Criminal System from the Magistrates’ Court?

• High Court

• Crown Court

Why would a first appeal be done to the High Court?

To Review a Point of Law

Why would a first appeal be done to the Crown Court?

To go against the conviction and/or sentence

What are the 2 potential Final Appeal routes in the Criminal Justice System (From High Court, From Crown Court)

• From High Court → Court of Appeal (Criminal Division) → Supreme Court

• From Crown Court → Court of Appeal (Criminal Division) → Supreme Court

What are Summary Offences, and where are they tried and who by?

• The Least serious of offences in terms of injury or impact (e.g. Assault, battery)

• Triable at Magistrates’ Court

• Heard by 3 Lay Magistrates and a District Judge

What are Triable-Either-Way Offences, and where are they tried and who by?

• Offences that may be tried at the Magistrates’ Court or at the Crown Court depending on circumstances (eg. theft, ABH, s20 OAPA)

• Heard by Lay Magistrates/District Judge or Jury/Circuit Judge

What are Indictable Offences, and where are they tried and who by?

• They are the most serious of offences in terms of injury or impact and the most complex (eg. Murder, Rape)

• Must be Tried at the Crown Court

• Heard by a jury and Circuit Judge

What is the sentencing powers of the Crown Court for Indictable offences?

Up to the maximum set for the specific offence by common law or statute

What is the sentencing powers of the Crown Court for Triable-Either-Way offences?

Up to the maximum set for the specific offence by common law or statute (Only if they are tried at Crown Court)

What is the sentencing powers of the Magistrates’ Court for Summary Offences?

• Up to 6 months imprisonment for a single offence, or 12 months if it is the 2nd or more offence

• And/or an unlimited fine (used to be maximum of £5000)

What is the sentencing powers of the Magistrates Court for Triable-Either-Way offences?

Same powers of the Magistrates Court in they chose to do a trial there

(Up to 6 months imprisonment for a single offence, or 12 months if it is the 2nd or more offence, And/or an unlimited fine)

What is the Jurisdiction of the Magistrates’ Court?

• Issuing arrest and search warrants

• Bail hearings

• Legal Aid hearing

• Send Indictable offences to Crown Court

• Trying Summary Offences and some TEW Offences

• Dealing with under 18s in the Youth Court by specially trained Magistrates’

What is the Jurisdiction of the Crown Court?

• Trying all Indictable Offences and some TEW offences

• Sentencing cases which have been sent by the Magistrates’ Court due to their power being insufficient

• Hearing appeals from the Magistrates’ Court against convictions/sentencing

• Appeals going to the Court of Appeal (Criminal Division)

What are the 4 reasons the Crown Court will appeal to the Court of Appeal (Criminal Division)?

• Misdirection of laws/facts

• Failure to refer a defence

• Inappropriate comments made by a judge

• Jury irregularity

What is the pre-trial procedure for an Indictable offence?

After an early administrative hearing in the Magistrates’ Court, the case is sent immediately to the Crown Court to be dealt with by a single Circuit Judge

What is the pre-trial procedure for a Triable-Either-Way offence?

• The Magistrates’ will ask the defendant if they plead guilty or not

• Then a decision is made whether to hear a trial in the Magistrates’ Court or the Crown Court

What is the pre-trial procedure for a Summary offence?

D will be asked if he is guilty/ not guilty

• If he pleads guilty: D could be charged on the same day depending on severity of the case

However, an adjournment of trial could be needed if D pleads Not guilty as:

• CPS require more time to prepare a case

• Defendant may be unprepared and wish to engage a solicitor

• Magistrates’ require pre-sentence report on a defendant who pleads guilty

What is a mode of trial?

A Decision whether an either-way trial should be held at the Magistrates Court or committed to the Crown Court

What is a committal?

If the Defendant is to have his/her case at the Crown Court, The Magistrates’ must first commit the case

What is an appeal?

• The process of which cases are reviewed by a higher authority, where parties request a formal change to an official decision

• Appeals function as both a process for error correction as well as clarifying/interpreting law

What are the 2 different routes of appeal from the Magistrates Court?

• To the Kings Bench Division in the High Court to Review a point of law

• To the Crown court to go against the sentencing/conviction

What are the requirements for the appeals from the Magistrates’ Court to the Crown Court and who do these appeals apply to?

Appeals from Magistrates Court to Crown Court is only available to the Defence

Defendant has automatic right to appeal and does not require leave (permission) to appeal:

• If the defendant has pleaded guilty at the Magistrates’ Court, then he/she can only go against the sentencing

• If the defendant has pleaded not guilty at the Magistrates’ Court, then they can go against the sentence and/or the conviction

How do appeals from the Magistrates’ Court to the Crown Court work when it is against the conviction?

The case is completely reheard by a judge and 2 Magistrates.

They can come to the same decision as the Magistrates’ Court and confirm the conviction or they can reverse the decision

In some cases, it is possible to vary the decision and convict the defendant of a lesser offence

How do appeals from the Magistrates’ Court to the Crown Court work when it is against the sentence?

The Crown court can either confirm the sentence or they can increase/decrease the sentence,

However any increase can only be upto the maximum powers of the Magistrates’ Court

What can the Crown Court do if they realise there is a point of law to be decided during the appeal against the sentence/conviction?

They can do a further appeal to the Administrative Court in the King’s Bench Division in the High Court by a case-stated appeal

What is a case stated appeal?

A further appeal to the Administrative Court in the King’s Bench Division in the High Court from the Crown Court due to a point of law needing to be decided (Magistrates’ Court can also do a case-stated appeal to the High Court)

Can be done by the Prosecution and the Defence:

• The prosecution can only use this against an acquittal (someone found Not guilty) if they think there was an error in law

• The defence can only use this against a conviction

How do case-stated appeals work?

• The Magistrates’ or Crown Court are asked to state the case by setting out their findings of facts and their decision. The appeal is then argued on the basis of what the law is on these facts (No witnesses are called)

• The case is heard by 2 High Court judges

• They can either confirm, vary or reverse the decision or remit (send back) the case to the criminal courts for them to implement the decision on the law

What is the possible further appeal to the Supreme Court from the King’s Bench Division?

There is a possibility of an appeal from the King’s Bench Division to the Supreme Court, but this can only occur if:

• The Divisional Court shows the point of law is of general public importance

• And, The Supreme Court grants leave (permission) to appeal

What are the 3 potential reasons for an appeal from the Crown Court to the Court of Appeal (Criminal Division) available to the Defendants against their conviction/sentence?

A further appeal to the Court of Appeal (Criminal Division) can be made by a defendant against their sentence/conviction if:

• They are granted leave (permission) to appeal to save court time

• If they have grounds to appeal (Criminal Appeals Act 1995)→ said they can appeal if they think the conviction is unsafe

• If new evidence is given which would be able to help the Defendant during a trial

What are the 5 things the Court of Appeal (Criminal Division) can do when they hear appeals from the Crown Court?

• If they decide a conviction is unsafe, they can allow the defendant to appeal and quash the conviction

• They can vary the conviction to that of a lesser offence

• If the Court of Appeal decide the conviction is safe, they will dismiss the appeal

• They can order a re-trial of the case in front of a new jury

• If the Appeal is against the sentence, the Court of Appeal can only decrease the sentence

What the 4 possible appeals possible by the prosecution from the Crown Court to the Court of Appeal?

• Against a judge’s ruling

• Against an Acquittal

• Referring a point of law

• Against a sentence

How do Appeals against a judge’s ruling work?

If the trial judge gives a ruling on a point of law which effectively stops the case against the defendant, the prosecution now has a right to appeal that ruling (Criminal Justice Act 2003)

It makes sure that an error in law by the judge does not lead to an acquittal

How do appeals against an acquittal work?

They can appeal depending on the 2 limited situations it can apply:

1. The acquittal was the result of the jury being “nobbled”, where one or more jurors where threatened by associates of the defendant → Prosecution can appeal and the Court of Appeal can issue a re-trial

2. New and Compelling evidence of the acquittal’s guilt is provided and it is in the public’s interest for the defendant to be re-tried (Only available for 30 serious convictions) → Known as double jeopardy since the Defendant is being tried twice for the same offence

How do appeals for referring a point of law work?

• Where the judge made an error in explaining the law to the jury, the prosecution have the right to refer a point of law to the Court of Appeal in order to get a ruling on the law if the defendant is acquitted

• Decision made by Court of Appeal does not affect the acquittal but creates a precedent for any future cases involving the same point of law

How do appeals for against a sentence work?

• Can only be possible if leave is granted to refer a lenient sentence to the Court of Appeal for re-sentencing

• The victims or members of the public can submit cases to the Attorney General for consideration. If they think the sentence is lenient, then the case will be referred to the Court of Appeal

What is the possible further appeal the prosecution/defence can do from the Court of Appeal (Criminal Division) to the Supreme Court?

There is a possibility of an appeal from the Court of Appeal (Criminal Division) to the Supreme Court, but this can only occur if:

• The Divisional Court shows the point of law is of general public importance

• And, The Supreme Court grants leave (permission) to appeal