criminal courts & appeals

What are the 3 categories criminal offences are put into

Summary - least serious tried in the magistrates court

E.g. assault, battery

Triable either way - middle range offences tried in the magistrates or crown court

E.g. ABH, theft

Indictable - most serious tried in the crown court

E.g. murder, manslaughter

What do the magistrates hear (jurisdiction)

Jurisdiction is set out in the Magistrates & court act 1980

All summary offences

Plea before venue & mode of trial hearings in triable either way offences, & trials of triable either way if they have the sentencing power

What can the magistrates do

Issue search & arrest warrants to police

Grant bail

Hears young offenders cases

Impose a max sentence of 6 months, or 12 months where D is charged with 2 triable either way offences

Max fines

What do the crow court hear (jurisdiction)

Triable either way where the magistrates do not have the sentencing power to deal with the case/D chooses crown

Plea & preparation for trial hearings, trials of indictable cases, & bail applications

Appeals from magistrates court against conviction/sentence

What is the procedure for summary offences

What is the process for triable either way offences

What is the process for indictable offences

Why would the defendant or prosecution appeal

If either are unhappy with the outcome of a case they can appeal, this could be due to perceived errors of law, fact, or procedure

What are appeals governed by

Criminal Appeals Act 1995

When can appeals be made from the magistrates court

D has an automatic right to appeal when pleaded not guilty to the crown court with a circuit judge & 2-4 magistrates

There can be a rehearing to correct the error in the magistrates heard by a different bench

If either appeal because of a point of law it will be heard by the kings bench division

Or appeal on a point of law of general importance it can be heard by the Supreme Court with their permission

What are the 3 possible appeal routes

Court of appeal - D against courts findings of fact, la, conviction/sentence with permission from crown/appeal court

P against witness intimidation/bribes

Supreme court - against point of law of general importance with permission from appeal or Supreme court

Kings bench division - appeal by way of case stated