Criminal Courts

What are the three types of offences:

• Summary Offences - Less serious and are always tried in the Magistrates. - E.g Driving Offences

• Triable Either Way Offences - Middle Range that vary in degree and are tried in either Magistrates or Crown Courts. For example, Theft or ABH

• Indictable Offences - More serious crimes tried in the Crown Court. E.G Manslaughter, rape and murder.

Process for deciding court in a triable either way offence:

• Plea before venue - If guilty it automatically goes to Magistrates but they retain option to send to Crown Court if necessary.

• Not guilty plea - This calls for a mode of trial procedure to decide on most appropriate court.

• Magistrates Decision - The Magistrates first consider if the case is suitable for Magistrates. It will then go to the crown court if they feel it is not. The defendant has no choice. The defendant can choose if the magistrates do feel prepared to accept jurisdiction. He can choose between Crown or Magistrates.

What is the opposite of bail?

Remand them in custody

What other process needs to be decide pre-trial?

Bail

In regards to Bail, what happens if it is of the most serious offence?

They will be held on remand

What three bodies can grant bail?

• The Police

• The Magistrates Court

• The Crown Court

Bail Act 1974:

Presumption that Bail should be granted unless there is a good reason to refuse it.

What is the most common form of Bail?

Unconditional Bail

What is the one condition of unconditional bail?

The suspect must attend court at the specified time

When is conditional bail given?

If there are some risks in giving unconditional, this will depend on risk factors

Examples of Bail conditions:

• Report to the Police station regularly

• Stay away from certain people

• Hand in passports

What two offences do magistrates deal with?

Summary and Triable either way

How much of magistrates work does summary and triable either way offences account for?

Accounts for about 97% of their work

What type of hearings do the magistrates deal with?

Preliminary hearings for both triable either way and indictable offences that are going to be tried in Crown Courts.

What do Magistrate courts issue:

• Warrants such as search warrants for arrest

• Decide whether bail should be given and if so any attached conditions

What three things do Crown Courts deal with?

• Triable-either-way offences where it is too serious for Magistrates or the defendant has elected a trial by jury.

• Indictable offences

• Deal with appeals from Magistrates Court.

What are the criminal appeal routes from Magistrates?

• Magistrates can appeal to either Crown or Kings Bench Division of the High

• Crown can only appeal to Kings Bench Division of the High

• KBD can only appeal to the Supreme Court

Defence Appeals from Magistrates to Crown:

• D can appeal against conviction, sentencing or both if his original plea was not guilty.

• If guilty they can only appeal the sentencing

• No need for permission as they have an automatic right to appeal

• The case will be reheard by two magistrates and a judge

• They can confirm the conviction, reverse it and acquit the defendant or vary the conviction for a lesser offence.

• The sentence may be confirmed, increased (only to magistrates’ maximum) or decreased.

The Prosecution Appeal to the KBD against Acquittal on a point of law only?

• Prosecution can appeal against an acquittal but it can be only on a point of law.

• It is a case stated appeal

• The KBD can either quash the decision, confirm it or send it back to the Magistrates for a rehearing.

Further Appeal from the KBD to Supreme Court:

• Both the defence and prosecution can appeal from KBD to Supreme Court.

• It must be on a point of law of general public importance

• Permission must be granted by the KBD or Supreme Court

• This is rarely used

Defence Appeals by way of case stated to the KBD:

• Must be case-stated as only deals with points of law.

• Can either be directly from Magistrates or following appeal to Crown Court.

• Cannot appeal the sentence, only the conviction.

• The court can confirm, vary or reverse the decision.

• They can also send the case back to Magistrates for them to apply the interpretation of the law.

• There are only about 100 of these appeals per year.

• An example is the pellet gun case - C v DPP (1996)

What does case stated mean?

The facts are agreed beforehand and given as a statement to court. This means that the case is not re-heard in full.

What are the appeal routes from the Crown Court?

• Can appeal from Crown to Court of Appeal

• You can then appeal from the CA to the Supreme Court

Appeals from Crown to Court Of Appeal (Criminal Division):

• D can appeal against sentence, conviction or both.

• Permission must be granted from trial judge or the CA itself

• Only ground for appeal against conviction is that the conviction is “unsafe”

• The CA can order a retrial or quash the conviction if it allows D’s appeal.

• The CA may admit new evidence in the interests of justice.

What is used to refer cases back to CA after all routes of appeal have been exhausted if there is a miscarriage of justice?

The Criminal Cases Review Commission

Appeals to the Supreme Court:

• Both prosecution and defence can appeal from CA to the Supreme Court.

• CA would have to certify that it includes a point of law of public importance

• Either the CA or Supreme Court can give permission to appeal.

• This rarely happens

Potential challenges by Prosecution for Crown Court:

• Can ask the Attorney-General to seek permission from the CA to consider an unduly lenient sentence.

• The Attorney-General may refer to a point of law to the CA if there is concern about an acquittal

• This won’t affect acquittal but will merely settle the point of law.

• With evidence of Jury tampering, the prosecution can apply to the High Court for a retrial.

• The prosecution can also appeal against a ruling on law made by a judge in the Crown Court.

• Criminal Justice Act 2003.

What was the Criminal Justice Act 2003?

It abolished the double jeopardy rule so that the Director of Public Prosecutions can apply to the CA to overturn acquittal and order a retrial. This usually happens if there is new and compelling evidence.