Law Criminal Courts & Appeals

Two criminal courts of first instance

Crown court
Magistrates

3 different classifications of offences and courts the offence would be heard in.

Summary - Magistrates court.
Triable either way - Magistrates or crown court.
Indictable - Crown court.

Magistrates court

• Hold the first preliminary hearing for indictable offences.

• Implement the decision on the law.

• Hear all cases in the youth court

• Preliminary hearings for triable either way cases going to crown court.

Crown court

Hears all indictable cases and some triable either way cases.
Cases are heard by a jury.
The jury decides the verdict of the case

• Makes decisions about law.

• Manages the trial.

• Guides and directs the jury.

• Makes decisions about law.

• Manages the trial.

• Guides and directs the jury.

What happens in a preliminary hearing

D will confirm name and address.
The charge is outlined
If requested legal representation is arranged
If the prosecution and defence are ready D will Plead guilty or not Guilty

Summary offences before trial procedures

Preliminary hearing in magistrates court where

D will confirm name and address.
The charge is outlined
If requested legal representation is arranged
If the prosecution and defence are ready D will Plead guilty or not Guilty

If pleaded guilty

Sentenced by magistrate

maximum 6 months in prison or an unlimited fine.

If pleaded not guilty

Application for bail

if bail refused D will remand in custody.
Case adjourned and date set for trial at magistrates.
Trial goes on and the magistrates decide a verdict.

Triable either way offences before trial procedures

Preliminary hearing in magistrates (Same start as summary offence)

If pleaded guilty

Sentence by magistrates

maximum 6 moths in jail or unlimited fine.
If D requires a longer sentence the case can be transferred to crown court.

If pleaded not guilty

Mode of trial hearing at magistrates court to decide which court will hear the trial

magistrates or crown.
Factors they will take into account for this is the seriousness of the offence and D's preferred court of trial.
Once the court has been selected a date is set.
If in crown court committal papers must be prepared.

Indictable offences pre-trial procedures

Preliminary hearing at magistrates court.
Bail application may be made and legal representation arranged.
Case is then transferred to crown court
Plea and case management hearing at crown court.
If D pleads guilty

Sentenced at crown court.

If D pleads not guilty

Application for bale or remand in custody
Date is set for trial at crown court before a judge and jury.
Evidence is looked at and a verdict is made.

Appeals from the Magistrates Court

If the defendant is unhappy with the decision reached by the magistrates court they may wish to appeal.

The defendant can appeal in two ways

Appeal against conviction.
Appeal against sentence.
(the crown court deals with both types of these appeals)

There is a third way in which D can appeal against a decision made

which is also for the prosecution to use

Case stated appeal.

Appeal against conviction (magistrates court)

One judge and two magistrates will hear this appeal.
They can do three things to D's conviction

Uphold it.
Quash it.
Vary it (but only downwards to a less serious offence)

Appeal against sentence (magistrates court)

One judge and two magistrates will hear this appeal.
They can do three things to D's conviction

Uphold it.
Decrease it. (in time or what they do e.g. jail to fine)
Increase it (but only to magistrates maximum power)

Case stated appeal (magistrates court and crown court)

Where either side can make an appeal on a point of law. They are claiming that the law is wrong.
The court can either

Confirm.
Reverse.
Remit (take back to the magistrates and apply the law correctly)

This appeal will go to the Queens bench divisional court

and can only go to the supreme court if it is a matter of public importance.
As in the case of Jon Platt - Disney world holiday during school time.

Appeals from the crown court

If the defendant is unhappy with the decision reached by the crown court they may wish to appeal.
To do this D must apply for and be granted 'leave' to appeal

Appeal against conviction.
Appeal against sentence.
(the Court of appeal deals with both types of these appeals)

There is a third way in which D can appeal against a decision made

which is also for the prosecution to use

Case stated appeal.
(works the exact same as in magistrates)

Appeal against conviction (Crown court)

3 judges (Lord Justices of Appeal) will hear this appeal.
They can do 4 things to D's conviction

Uphold it.
Quash it if 'unsafe'
Vary it (but only downwards to a less serious offence)
Order a retrial (as in the case of R v George)

Appeal against sentence (Crown court)

3 judges (Lord Justices of Appeal) will hear this appeal.
They can

Uphold it.
Decrease it.
But they can NOT increase it.
Case example

R v Herbert

Appeals by the prosecution

The prosecution can not appeal against D's convictions or sentence. However may be able to appeal by the following ways made by parliament

Appeal against a judges ruling.
Appeal against acquittal.
Appeal by referring a point of law.
Appeal against an 'unduly lenient' sentence

Appeal against a judges ruling

If the trial judge gives a ruling on a point of law which effectively stops the case against a defendant

Appeal against acquittal

Can be done for two reasons

Due to jury nobbling - where one or more jurors are bribed or threatened by associates of the defendant

as in Brinks mat robbery.
Due to new and compelling evidence - If there is near compelling evidence of the persons guilt and it is in the public interest for the defendant to be retried. This is called double jeopardy and is only available for some 30 serious offences e.g. murder

Appeal by referring to a point of law

If a judge makes an error in explaining the law to the jury

Appeal against an 'unduly lenient' sentence

Under s36 of the Criminal Justice Act 198