Criminal Courts

What are the 3 Classification of Offences?

Summary Offences

Indictable Offences

Either Way Triable Offences

What are Summary Offences?

Minor offences such as driving offences and common assault.

Where are Summary Offences tried?

Magistrates Court

What happens at the Preliminary Hearing of a Summary Offence?

Court hears bail application.

Court hears legal aid application.

D also gives plea.

It is possible for court to deal with case at first appearance but often an adjournment is needed.

Pre Sentence Reports

Want a pre sentence report on defendant who pleads guilty before deciding the sentence.

Adjournments

Often an adjournment is always needed when D pleads not guilty as witnesses need to be called.

On adjournment, it is decided if D is remanded in custody to released on bail.

Before Trial of Summary Offences

Pre-trial review takes place where the judge considers any issues the have or may occur before timetable of trial/final date is finalised.

What is an Indictable Offence?

A more serious crime - murder, rape.

Where are Indictable Offences heard?

The case is heard at the Crown Court but early administrative hearing is done first at the Magistrates.

What happens if D pleads guilty of an Indictable Offence?

Sentencing

What happens if D pleads not guilty of an Indictable Offence?

Pre-trial review: prosecution and defence have to inform court of any issues with the case e.g. conflicting witness statements.

Pre trial matters are dealt by judge at trial - trial by judge and jury.

What is an Triable Either-Way Offence?

An offence that can be tried as either a summary or indictable offence.

Plea Before Venue Hearing

D can opt for a summary trial or remit to the Crown Court.

D is then asked for their plea.

What happens in D pleas guilty of an either way offence at Magistrates?

No right to ask for it to be heard at the Crown Court but Magistrates may decide to send it their for sentencing.

Mode of Trial Proceedings

Magistrates first decide if they have the jurisdiction to deal with the case - must consider nature and seriousness of it, their own powers of punishment and any representation of prosecution and defence cases involving complex points of law should be sent to Crown - ^^**Magistrates Court Act 1980**^^

Defendants Election

If Magistrates accept jurisdiction, D offers to take either a right to trial by jury but may be tried by Magistrates if they agree to this case.

Also, D is warned if found guilty, can be sentenced at the Crown Court for sentencing if powers are insufficient.

Why opt for a trial by jury?

✅ D more likely to be acquitted

✅ Held in custody can serve as part of sentence

✅ D more likely to get legal aid

✅ Lawyer will be more experienced.

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❌ Longer wait before case is dealt with

❌ Judge has greater sentencing powers

Magistrates Court

* Heard by district or circuit judges
* Max sentence is 6mths for 1, 12 for 2.
* Unlimited fines, community orders, conditional discharge
* Summary offences and triable either way
* Main duties: Preliminary hearings, try youth cases, deals with asides connected to criminal cases.

Crown Court

* Hears triable either way offences when Magistrates have sent it.
* All indictable offences are heard here.
* Appeals from Magistrates
* 12 Jurors
* Judge decides on point of law & jury on facts of the case.

Appeals from the Magistrates go to…

* Crown Court
* Queens Bench Division

Magistrates to Crown Court

* Only available to defence
* Guilty - Appeal against sentence
* Not Guilty - Appeal against sentence and conviction.
* D has automatic right to appeal
* Case is reheard at CC by judge and 2 lay magistrates
* Come to same decision or reverse it
* Can find D guilty of a lesser sentence
* Confirm, increase or decrease sentence
* Can decide on a point of law.

Case Stated Appeals

* Both P and D can use - straight to administrative court
* Direct from MC or from CC appeals
* D against Conviction, P against acquittal
* M: State facts, findings and decision
* Appeal is argued on what law within those facts
* Heard by 2 HC judges from QBD
* Divisional Court may confirm, vary, reverse or remit back to Magistrates.

QBD can send appeals for Supreme Court if:

1. Point of Law involved is of general importance
2. QBD or SC has given permission for appeal

C v DPP

Legal point on presumption of criminal responsibility of children 10-14 years old. QBD held children of this age were presumed to be legally responsible.

SC held not presumed to know difference between right and wrong so P needs to prove intention.

Appeals from Crown Court

1. Court of Appeal - Defence
2. QDB or COA - Prosecution

Appeals by Defendant - Leave to Appeal

D must gain leave to appeal from COA or a certificate that case is fit for appeal from trial judge. Application considered by single judge in COA and possible to apply to a full court in refused.

Appeals by Defendant - Grounds for Appeal

Criminal Appeal Act 1995 - simplified grounds under which a court can allow appeal.


1. Allow appeal against conviction if they think conviction is unsafe.
2. Dismiss appeal in any other case.

Appeals by Defendant - New Evidence

Any new evidence must be capable of belief and afford ground of appeal. Has to be considered if it would be admissible at trial and why it was not produced at trial.

Appeals by Defendant - COA Powers

COA must decide conviction is unsafe and vary decision.

Dismiss appeal is conviction is safe.

Power was give to court to retrial in 1988 and enforced in 1989.

COA can only decrease sentence, not increase it.

Appeal from Protection - Against a Judges Ruling

If trial judge gives ruling on point of law, which stops the trial against D, P has right to appeal.

Right was given by CJA 2003, make sure error of law does not lead to acquittal.

Appeal from Protection - Against a Judges Ruling

2 types of situations where a P can appeal against acquittal made by jury.


1. Jury was bribed or threatened - Power was given by Criminal Procedure and Investigations Act 1996.
2. If it is in the interest of public to retry D where there is new, compelling evidence.

Appeal from Protection - Referring to a Point of Law

If judge made an error in the law, there is right for P to appeal under s36 of CJA 1972 for Attorney General to ask COA for ruling on this point - sets precedent

Appeal from Protection - Against Sentence

S36 of CJA 1988 - Attorney General can apply for leave to an unduly lenient sentence. if it is, AG sends cases, submitted by victim/public, to COA.

120 cases are referred each year and 80% result in increased sentences.