Criminal courts, procedure and Appeals

who deals with summary offences

magistrates

who deals with triable either way offences

magistrates or crown

who deals with indictable offences

crown

initial hearing for summary offences

initial hearing at magistrates, defendants identity confirmed by the clerk, a plea will be entered

guilty plea for summary offences

an immediate sentencing: brief facts from the judge and statement from the defendant, the magistrates then announce the sentence

not guilty plea for summary offence

magistrates will try to discover the issues and then set a trial date

initial hearing for triable either way offences

initial hearing at magistrates, defendants identity confirmed by the clerk, a plea will be entered

guilty plea for triable either way

an immediate sentencing: brief facts from the judge and statement from the defendant, magistrates then announce sentence or send defendant to the crown court for a harsher sentence

not guilty plea for triable either way

mode of trial hearing to determine the court: consider nature/seriousness of the offence e.g. if planned. The case will either be sent to the crown court if too serious, or if not, the defendant can choose which court. if mags chosen, a trial date is set, if crown, the mags will deal with the pre trial matters.

initial hearing for indictable offences

initial hearing at magistrates, defendants identity confirmed by the clerk, a date and venue is picked, there is then a plea and trial preparation in the crown court for a plea to be entered

guilty plea for indictable

sentenced by a judge

not guilty plea for indictable

issues will be discovered and a date is set, both the prosecution and defence must go through disclosure where they set out their evidence and undisclosed material which may undermine the case

what is included in the defences written statement to the prosecution for indictable offences

the nature of their defence, including defences.

matters of fact on which issue is taken with the prosecution

points of law to be argued

any alabi and witnesses

jurisdiction of the crown court

less than 3% of criminal cases,

only hear indictable or sometimes triable either way offences,

guilty pleas will be sentenced by a judge

not guilty: judge handles pre trial procedure and set date for trial in front of 12 jurors

crown can hear magistrate appeals, with 1 judge and 2 mags

types of appeals from magistrates court

appeal against conviction: uphold, quash, vary

appeal against sentence: uphold, decrease, increase up to the mags maximum

both are dealt with by the crown court

R V George

Appeal against conviction:

convicted of murder, appealed, conviction upheld, appealed again, quashed (retrial) due to new evidence, acquitted.

R V Herbert and others

appeal against sentence:

appeal court cut 9 months off sentence due to the guilty plea

R v Philpott

appeal against sentence:

manslaughter 17 years, the appeal was dismissed as the sentence wasnt unusually harsh

types of appeal from the prosecution

appeal against acquittal for jury nobbling or new and compelling evidence

appeal against an unduly lenient sentence

case stated appeals

can be claimed by either prosecution or defence in the kings bench divisional court, who can confirm, reverse, vary or remit (send back to original court)

John Platt

appealed the fine against him taking his children out of school for holiday as a case stated appeal, it went all the way to the supreme court as a matter of public importance