Criminal Courts

What are summary offences

Which court are they tried in

Offences where damage caused is under 5000 or the goods stolen are under £200

Always tried in the magistrates court

What are triable either way offences

How is it decided whichg court it is tried in? What happens if D pleas guilty or not guilty

Middle range crimes tried in either the magistrates or crown court

If D pleas guilty the case is heard in the magistrates court, with the right to send it to the crown court when it is too serious

If D pleas not guilty he has the right to ask for the case to be tried in the crown court by a jury

What are Indictable offences

Where are they heard

The most serious offences

The preliminary hearing is at the magistrates court but is always then tried at the crown court

Examples of each offence category

Summary

Common assault

Criminal damage

Triable Either Way

Theft

ABH

Indictable

Rape

Murder

Manslaughter

Who hears cases in the Magistrates court

Lay magistrates or legally qualified District judges

What is a mode of trial

How does the magistrates court carry it out

The procedure to decide whether a TEW case is tried in the magistrates or crown court

Under s19 the magistrates court considers the nature and seriousness of the case and their own powers to consider whether it is suitable to be tried in their court. If the case is too Complex it is sent to the crown court.

If the magistrates accept jurisdiction

What happens jurisdiction is not accepted

D is told he has the right to try by jury but may be tried by magistrates if he agrees. D is also told If he is found guilty by magistrates they can send him up to the crown court.

The case is sent to the crown court

Where is the first hearing always held indictable offences

Where are they sent

In the magistrates court to deal with issues such as legal aid and bail.

All cases are then immediately sent to the crown to deal with all other pre trial procedures

What are the advantages of trial in the Crown Court

Defendants are more likely to be found not guilty

Legal aid is more likely and the lawyer is likely to be more experienced

Disadvantages of trial in the Crown Court

Waits before the case is dealt with are long which without bail, is spent in prison

The trial is longer and more stressful

The costs without legal aid is much larger than the magistrates court

If found guilty, the court has the power to issue much larger sentences

What procedure that endures if D pleas not guilty

Mode of Trial

The Magistrates decide whether or not to accept jurisdiction. If juridiction is accepted, D can choose trial by jury but may be tried by magistrates if he chooses this. If it is refused, the case is sent to the crown court for trial

What happens if D pleas guilty in the crown court

The judge sits alone is

What happens if D pleas not guilty in the Crown Court

The jury is used to pass a verdict

The judge just applies the law, directs the jury, imposes a sentence and controls the court

What is the judges role in the crown court if D pleas not guilty

To apply the law, direct the jury, impose a sentence and control the court

How do appeals from the magistrates court differ depending on how D pleas

if D pleas guilty he can only appeal his sentence

If D pleas not guilty then he can appeal both the sentence and the conviction

How does an appeal to the crown court take place

Who can appeal to the crown

The case is completely reheard by a judge and two magistrates

They can confirm, reverse or find D guilty of a lesser offence or confirm, decrease or increase Ds sentence

Only the Defence Counsel

What is the other route of appeal? Where is it made

What court does it go to

A case stated appeal

Can be made direct from the magistrates or following appeal from the crown court

The administrative court

What are case stated appeals used for

What is the court then asked to do

What usually happens next

Used to appeal conviction or against an acquittal by the prosecution

Set out their findings and fact of the decision

The case is usually sent to be heard by two high court judges in the Queens Bench from the Divisional court. They may then confirm, reverse, vary or remit the decision back to the Magistrates court to implement the decision on the law.

Where does further appeal from the Kings bench court go

When can this further appeal be made

To the supreme court

1. The Kings bench decides a point of law of general public importance is involved

And

2. The Kings Bench or Supreme court gives permission to appeal as the point is ought to be considered by the supreme

Which case followed the further appeal route to the supreme court

What is the route

C v DPP

1. Magistrates court

2. Appeal crown court

3. Case stated appeal to Admin Court

4. Admin court usually sends to Kings Bench

5. Kings bench sends to Supreme court

C v DPP

Case was held to be a of general public importance and was appealed all they way to the Supreme court.

Where else can the defendant appeal to

What do they need to be able to appeal

When is it granted

The Court of Appeal with a Leave to appeal from the COA

Leave to appeal is granted if grounds for appeal fall into the Criminal appeal act 1995

Which act sets out the grounds for appeal

What is the ground for appeal

The Criminal appeal act 1995

If they think the conviction is unsafe

Which 3 routes can a Defendant Appeal through

To the Court of Appeal

To the Crown Court

Case stated appeal to the administrative court

How is new evidence at the appeal treated

It must be capable of belief and afford a ground for appeal.

It is considered if it would have been admissible at the trial and why it wasn't produced at that trial

How can the COA deal with an appeal

Allow the appeal and Quash the conviction

Vary the conviction to a lesser offence

Dismiss the appeal if it is deemed safe

Decrease but not increase sentence

When can the prosecution appeal against a judges ruling

What statute allows this

If the judges ruling on a point of law effectively stops the case against a defendant

This right was given by the Criminal Justice Act 2003

When can the prosecution appeal against acquittal

What statute allows each of these

1. When the 1 or more jurors have been bribed

The Criminal Procedure and investigations 1996 act allows appeal and a retrial

Or

2. When there is new and compelling evidence and it is in public interest for D to be retried, only available for serious offences

CJA 2003 allows this

When can the prosecution appeal referring a point of law

Why is this appeal less significant

What statute allows this

Where the judge makes an error in explaining to the jury

The decision does not affect the acquittal but creates precedent for the future

Under s36 Criminal Justice Act 1972

When can the prosecution appeal against sentencing

With a leave to appeal from the COA the case can be submitted to the attorney general for consideration. If he thinks the sentence is lenient the case will be sent to the COA

What can the prosecution appeal against

A judges ruling

Against acquittal

In reference to a point of law

Against sentencing

Prosecution route of appeal to Supreme court

1. Crown court

To

2. Court of Appeal

To

3. Supreme court