Chapter 11 criminal courts

Triable either way offence

An offence that can be heard either in the magistrates court or the crown court

If pleading guilty held in magistrates, if not have choice to go to crown court, or can put to crown court if magistrates feel too complicated.

Summary offence

An offence that can only be tried in the magistrates court

Shoplifting where value of goods is less than 200 pounds, criminal damage less than 5000.

Indictable offence

An offence that has to be tried at the crown court

Most serious e.g murder, rape, manslaughter

Preliminary hearing in magistrates

Tried by judge and jury

Magistrates court jurisdiction

Deals with all cases connected to their geographical area

Heard mainly be legally qualified clerk to assist them

Huge workload they try all summary offences and any other triable either way offences they accept jurisdiction for and where the defendant agrees to summary trial.

97% of all. Rumination cases 1.5 million cases per annum

Maximum prison sentence is 6 months for one offence and 12 months for two. They can impose fines and community service orders.

Try cases in youth court 10-17

Deal with preliminary hearings of triable either way offences/ indictable offences

Issuing warrants for arrests and deciding bail

Appeal to crown court

Normal route of appeal. Available only to the defendant. If the defendant pleaded guilty they can appeal only against the sentence. If pleaded not guilty and are convicted can appeal against conviction and sentence. Reheard completely at the crown court by a judge and two magistrates and confirm or repeal the decision. Where appeal is about sentence can reduce or increase the sentence but only up to maximum powers of magistrates.

Appeal the administrative court (from magistrates)

Appeal on point of law both defendant and prosecution can apply for appeal.

Used in situations where magistrates made a mistake on the point of law.

Magistrates asked to state the case and set out findings and decisions . Appeal then argued on what basis of law there is on those facts no witnesses called.

Can be sent to queens bench divisional court where two high court judges hear the case.

Decision can be varied, reversed, confirmed or sent back to magistrates court.

Appeals to Supreme Court from magistrates court

From decision from Kings bench can be appealed to supreme if

A) divisional court certifies that the point of law is of general public importance

B)divisional court certifies al or kings court gives permission to appeal bc the point of law is one which ought to be considered by the. SC.

what does the crown court deal with

Triable either way offences

All indictable offences

Appeals from magistrates (heard by judge with two lay magistrates)

Appeals from the crown court -leave to appeal

D must get leave (permission) to appeal from the C of appeal certificate from trial judge.

Application considered by a single judge of court of appeal in private or if they refuse can apply to full court of appeal for leave

Grounds for appeal crown court

Criminal appeal act 1995 simplified the grounds under which court allows appeal now states

A) C of A shall allow an appeal against conviction if they think the appeal is unsafe

B) shall dismiss an appeal in any other case.

If find conviction unsafe can quash or vary conviction. If appeal is against sentence court can decrease sentence but cannot increase it.

C of A has power to order a retrial in front of witnesses only 50-60 a year normally.

If decides conviction safe then dismisses the appeal.

Crown court appeals by the prosecution

Originally had no rights to appeal now have some rights

A) against a judges ruling on a point of law if it efffectively stops case, right given by criminal justice act 2003.n

B)against acquittal when

1) result of jurors being nobbled (bribed or threatened)criminal procedure and investigations act 1996. Can Appeal

Get a retrial and start new proceedings for same offence.

2)new compelling evidence and in public interest to be retrials. Given by the criminal justice act 2003 only available for 30 serious offences. E.g murder and rape. Director of public prosecutions has to consent to reopening of investigations. Prosecution has to apply to C of A for acquittal to be quashed.

C) referring to a point of law-where judge may have made an error in explaining the law to the jury. prosecution have the right to refer a point of law to the court of appeal if the defendant is acquitted this right is under section 36 of the criminal justice act 1972 which allows the Attorney General to refer the point of law to the court of appeal in order to get a rolling on the law the decision does not affect the equitable but creates a precedent for any future cases

D) Against sentence – under section 36 of the criminal justice act 1988 the Attorney General can apply for leave to refer an on June the lenient sentence to the court of appeal for rec sentencing. Sentences can be increased

Further appeals to Supreme Court -crown court

Both prosecution and defence may appeal to the Supreme Court but must have the case certified as involving a point of law of general public importance and get permission to appear from the Supreme Court or court appeal.

Double jeapardy

Due to 2003 Criminal justice act some 30 serious offences such as murder can be retrialed where there is significant new evidence.

Stephen Lawrence

2011

Was previous

Was acquitted of the murder of a black teenager but 19 years after the murder due to new technology they found a DNA math with Stephen’s blood in the clothes of one of the defendants. So retried and convicted

Billy Dunlop

2006

15 years after cleared of murder was the first person to face retrial under new double jeapordycrules.

Billy Dunlop 43 pleaded guilty to murdering pizza delivery girl Julie Hogg 22 in Bellingham Teeside. Stood trial twice in 1991 for her murder but each time jury failed to reach a verdict and under the convention that you don’t go to trial for a third time was aquitted. Director of public prosecutions reopened the case and he was convicted.