English Criminal Courts, Appeals, and Pre-Trial Procedures

Flashcards reviewing criminal court structures, pre-trial procedures, classification of offences, and appeal processes based on the lecture transcript.

Within how many days must a defendant send an application to appeal a conviction or sentence?

Within 28 days.

From whom must a defendant obtain approval to appeal against a conviction or sentence?

The Court of Appeal or their trial judge.

What restriction applies to the Court of Appeal regarding altering a defendant's sentence?

They may decrease or keep the sentence, but they cannot increase it.

Under what circumstances can the Crown Prosecution Service (CPS) appeal?

Against a judge's ruling on a point of law, an acquittal if the jury was potentially "nobbled" (bribed), or if there is new compelling evidence.

Who can apply to refer an unduly lenient sentence to the Court of Appeal for re-sentencing?

The Attorney General.

Into how many categories are criminal offences divided?

3 categories: summary offences, triable either way offences, and indictable offences.

What is a summary offence and where is it tried?

It is the least serious case category and is tried in the magistrates court.

Where are the most serious criminal offences (indictable offences) tried?

In the Crown Court.

How is actual bodily harm defined in the transcript?

Harming people physically or mentally.

What is the difference between assault and battery according to the transcript?

Assault is non-physical attacks, while battery is the wrongful application of force.

What issues are considered during an early administrative hearing at the magistrates court?

Bail and funding (legal aid).

What happens during a plea before venue if the defendant pleads guilty?

Magistrates hear the facts and decide whether they have the jurisdiction to sentence.

Why will magistrates most likely decline jurisdiction over a triable either way case?

If there is a breach of trust or if the case is organised crime related.

If a defendant pleaded guilty in the magistrates court, what are they allowed to appeal against?

They can only appeal their sentence.

Who rehears an appeal case in the Crown Court from a magistrates court?

A judge and two magistrates.

What can happen to a sentence upon appeal in the Crown Court from a magistrates court?

The sentence could be confirmed, increased, or decreased.

Which court hears an appeal on a point of law from a magistrates court, and who hears it?

The Administrative Court, usually heard by 2 high court judges from the King's Bench Division.

What condition must be met for a further appeal to be made to the Supreme Court from the Divisional Court?

The Divisional Court must certify that a point of law is important to the general public, and permission must be given by the Divisional Court or Supreme Court.

How does the acquittal rate in the Crown Court compare to the magistrates court?

35% acquittal rate in the Crown Court compared to 15% in the magistrates court.

What are the disadvantages of choosing to be tried in the Crown Court?

Longer waits, higher stress, and potentially a longer sentence if found guilty.