Criminal Courts Flashcards

Flashcards covering the structure, procedures, and appeals processes of Criminal Courts based on lecture notes.

Court of Appeal (Criminal Division)

Deals with points of law arising from appeals from the Crown Court.

House of Lords (Now Supreme Court)

Hears appeals with leave, on point of law only.

Divisional Court of Queen's Bench Division

Deals with points of law by way of cases stated from magistrates.

Magistrates' Court

The court where all criminal cases begin.

Magistrates' Court Hearing

Cases are heard either by magistrates or a District Judge.

Magistrates' Court Jury

There is no jury in a Magistrates' Court.

Plea before venue

The defendant's first hearing at court where they plead guilty or not guilty.

Application for legal representation certificate

Application for government funding for advice and representation from Legal Aid Agency.

Bail Act 1976

Gives the defendant a general right to bail to protect their freedom of liberty (innocent until proven guilty).

Unconditional bail

Bail with no conditions.

Conditional bail

Bail with specific, justifiable, effective, and enforceable restrictions.

Committal for trial at Crown Court

If an offence is indictable, the case is sent to the Crown Court for trial.

Mode of trial hearing

For either way offences to choose whether case will be heard in Magistrates or Crown Court

Summary offences

E.g. motoring offences, minor criminal damage, common assault (no serious injury)

Either-way offences

E.g. burglary, drugs offences, minor harm;

Indictable offences

Most serious crimes that will be passed to the Crown Court e.g. murder, robbery.

Magistrates Court Sentencing (general)

can include of punishments Up to 6 months in prison, A fine, Community sentence A ban.

Magistrates Court Appeal Time Limit

Must appeal within 21 days of sentencing, otherwise permission must be granted by the Crown Court.

Magistrates Court Appeal if pleading guilty

can only appeal against the sentence.

Magistrates Court Appeal process to Crown Court

Crown Court can dismiss the appeal (leave conviction as it is) or reverse it (not guilty).

King’s Bench Division Divisional Court appeals

also known as case stated appeal on a point of law

Appeal to the Court of Appeal

Can appeal decision of Crown Court (against the conviction or sentence) or High Court (on a point of law) - Criminal Appeal Act 1995.

Further appeal to the Supreme Court

Only appeals on a point of law. A law as it stands needs changing.

Crown Courts Cases

All indictable offences and either way offences sent to CC. Jury determines question of fact.

Crown Court appeals by D

Against conviction or sentence. Rules set out in Criminal Appeal Act 1995.