Criminal Litigation - Incorrect MCQs

Trial Procedure - Magistrates

• Legal arguments

• Prosecution opening speech

• Defence identify matters in issue

• Prosecution evidence

• Conclusion of the prosecution case

• Submission of no case to answer

• Right to give evidence and adverse inferences

• Defence evidence

• Prosecution closing speech

• Defence closing speech

• Legal advice

• Magistrates/District Judge retore to consider verdict

• Verdict

Trial Procedure - Crown

• Legal arguments

• Jury selection and swearing in the jury

• Judge’s preliminary instructions to the jury

• Prosecution opening speech

• Defence identify matters in issue

• Prosecution evidence

• Conclusion of prosecution case

• Submission of no case to answer

• Right to give evidence and adverse inference

• Defence opening speech

• Defence evidence

• Legal discussions

• Closing speeches

• Judge’s summing up

• Jury bailiffs sworn and jury retire

• Verdict

In summing up, what will a judge state about the functions of a jury, and the function of a judge?

Judge - arbiter of the law, the judge will give jury directions on the law they must accept.

Jury - arbiter of facts, they must reach their own conclusions on the evidence.

Mode of address for District Judge or Deputy District Judge? Which court will they sit in?

Judge - in Magistrates

Mode of address for a lay magistrate

Sir/Madam

Mode of address for a circuit judge? Which court will they sit in?

Your Honour - Crown

Unless they have been designated as a Senior Circuit Judge, then it will by My Lord/My Lady

Mode of address for a High Court Judge? Which court will they sit in?

My Lord/My Lady - Crown

Mode of address for a Recorder? Which court will they sit in? What is a Recorder?

Your Honour

Crown Court

A barrister, solicitor or judge of another law, or equal court, authorised to sit in the Crown Court on a part-time basis

When can a defendant appeal to the Crown court?

Where they complain Magistrates made an error of fact, or mixed fact and law.

When can a defendant appeal to the High Court from the Magistrates? How shall they appeal?

By way of case stated when the Magistrates made an error in law or acted in excess of their jurisdiction.

When can a defendant apply for a judicial review at the High Court from the Magistrates?

When the defendant alleges unfairness, bias or procedural irregularity.

What are the timings for an appeal to be lodged from the Magistrates to Crown?

15 business says of sentence (irrespective whether it is against conviction or sentence)

How does an appeal work from the Magistrates to the Crown?

By way of re-hearing: Parties are not limited to the evidence that was called on in the original trial. They will be heard by a judge of the Crown court and two lay magistrates.

Who can appeal from the Magistrates to the Crown?

Defendant only.

Who can appeal from the Magistrates to the High Court by way of case stated?

Both the defence and prosecution.

What is included in the process of appeal by way of case stated to the High Court?

The appeal is heard by the Divisional Court of the Queen’s Bench division in the High Court. It will comprise of at least two judges, usually 3. No evidence is heard, it is based on legal submissions by the parties.

What are the timings for an appeal to be lodged from the Magistrates to Crown?

21 days from the date of the decision sought to be appealed.

Who can apply for judicial review from the Magistrates?

Defence/Prosecution

What are the timings for an appeal for judicial review be lodged?

Promptly, in any event within 3 months after the grounds arose.

What is the Magistrates power to rectify its mistakes?

S142 Magistrates Court Act 1980 states if a defendant is unhappy with a decision, the first step is to consider whether they can rectify it.

What is the Crown Court slip rule?

A judge can vary or rescind a sentence within 56 days of it being made.

Who hears most appeals from the Crown Court?

Court of Appeal.

Is leave required for appeal from the Crown Court to the Court of Appeal?

Yes - appellants must convince a single judge that their appeal is arguable on the merits before it can proceed to an oral hearing.

How many judges hear an appeal from the Crown Court to Court of Appeal for a sentence appeal?

2 judges

How many judges hear an appeal from the Crown Court to Court of Appeal for a conviction appeal?

3 judges

What are the timings for appeal from Crown to CoA?

The Notice of Appeal (Form NG) must eb served on the registrar of the criminal division of the COA within 28 days of conviction (for conviction appeals) and 28 days of sentence (for sentencing appeals). It can be extended if valid reasons given on the form.

What is the process of applying for appeal from Crown to CoA?

a) Does the Trial judge certify the case as fir for appeal? If so, there is no need for leave from CoA.

b) If not, notice of appeal must be sent to Registrar of Criminal Appeals at Criminal Appeals Office within 28 days of conviction/sentence

c) On receipt, Registrar can either (i) send to single judge or (ii) refer directly to full CoA

(If leave is refused by either, appellant has 10 Business days to renew application for leave before the full CoA)

When will an appeal to the CoA be granted?

Conviction - if it is unsafe

Sentence - if the court thinks they should have been sentenced differently

What powers does a Crown court have on appeal from the Magistrates?

It can only exercise the power which the Magistrates could have.

When will the Attorney General refer a case to the CoA?

a) On a point of law where a defendant was acquitted following trial on indictment. The power is intended to clarify the law.

b) Where it considers a sentence is unduly lenient (only for indictable offences)

What is the Criminal Cases Review Commission?

It is an independent body which has the power to refer any conviction on indictment to the CoA or the Crown if it is a summary offence. They must ask if it is a real possibility the original sentence/conviction will be quashed.

When can an appeal be lodged from the CoA to the Supreme court? Who can apply?

Either prosecution or defence can apply - it would need to show the case involved a point of law of general public importance.

The leave for appeal to the CoA must be no more than 28 days after the court gives reasons for its decisions.

According to standard directions, by when must the defence wants to object to witness statements being read at trial?

Not more than 5 business days after service of the witness statement.