criminal courts and appeals

What are first instance courts ?

Cases where facts are being worked out

What is an appellate court ?

Courts hearing appeals on the point of law

What is required if a criminal cases is beyond reasonable doubt ?

Standard of proof

Where does the burden of proof remain ?

On the prosecution (respect article 6 of the ECHR- right to a fair trial)

What do English and welsh courts adopt ?

An adversarial system

What is an adversarial system ?

Two sides arguing with a judge as an umpire

What will guilt be decided as ?

A district judge or lay magistrates in the magistrates or a jury in the crown court

Who generally manages prosecution ?

Crown prosecution system (CPS)

What do CPS advise ?

There is sufficient evidence to prosecute

What do they take into consideration?

Realistic prospect of conviction, it is in the public interest to prosecute

What happens once a case comes to court ?

CPS lawyer instructed by CPS will then attempt to prove the D is guilty as an offence

What are the D and their lawyers required to prove ?

Nothing

What can D simply do ?

Nothing

However what will D or Ds lawyers do ?

Attempt to cast sufficient doubt on the prosecutions case

How many magistrates courts are there ?

160 in England and wales

What are magistrates court ?

Local

What are cases in magistrates heard by ?

3 lay magistrates or a district judge with no jury assisted by legally qualified clerk

What do magistrates have ?

Wide jurisdiction and large workload

What do magistrates try ?

All summary offences and any triable either way cases

What do magistrates deal with ?

First hearing of all indictable offences (then get sent to crown court) and preliminary matters

What can magistrates also try ?

Cases in the youth courts for those aged 10-17

How many crown courts are there ?

Around 84

What do crown courts deal with ?

Indictable offences and more complex triable either way offences

When does they trial judge sit alone ?

For pre trial matters or where D pleads guilty to sentence

If D pleads not guilty what will the judge do ?

Controls the court, decides point of law, directs juries on the point of law and evidence, sentences those who are founf guilty by the jury

What do judges in the crown courts deal have ?

Unlimited sentencing power

What is a summary offence ?

Magistrates, assault, battery, minor driving offences

What is a triable either way offence ?

Magistrates or crown, theft, ABH, GBH s.20

What is an indictable offence ?

Crown court, GBH S.18, murder, rape

What happens at a pre-trial procedure ?

Accused put before magistrates court who will deal with administrative matters required before a trial

Who is it done by ?

A single magistrate or the legal advisor who will make a decision about legal aid and bail

What are summary offences ?

Least serious offences, criminal damages under £5000

What does the case management system do ?

Aims to complete the case at earliest possibility

What happens at the first hearing ?

Clerk check Ds name and address and take their plea, 90% plead guilty

What do magistrates proceed to consider ?

A sentence if D has pleaded guilty

What happens at the sentencing hearing ?

Brief facts of the offence from the prosecution and any statements the D wishes to make

What happens with a minor driving offence ?

D pleads guilty by post

What are triable either way offences set out under ?

Magistrates court act 1980

What is plea before venue ?

D has to plead guilty or not

What is mode of trial ?

Decided most appropriate court for the case to be dealt with

What do magistrates decide ?

If case is suitable for a magistrates court trial and if they are prepared to accept jurisdiction

What does D get the choice of ?

Whether to be tried in magistrates or crown court

What is this known as ?

Defendants election

What happens is D elects to be tried in the magistrates but they feel they don’t have sufficient sentencing power ?

Sent to crown court (commital for sentence)

What happens if magistrates refuse the case ?

Moved to crown court

What will magistrates court deal with preliminary matters ?

Establishing D identity, whether D should receive legal aid, whether bail or custody should be ordered

What happens if D pleads guilty to an indictable offence ?

The crown court will sentence them

What happens if D pleads not guilty to an indictable offence ?

Jury will determine guilt

When does the plea hearing happen ?

Takes place at the crown court as soon as possible after the case has been sent there from the magistrates court

What will the trial do ?

Arraign D unless good reason not to, set a trial date, identify issue for trial, provide timetable for pre-trial preparation and give appropriate directions for an effective trial, make provision for any further case management hearing that may be required to take place when it can have maximum effectiveness

What is an indictment ?

Prepared before the trial and formally sets out the charge against D may be several charges drawn up against the D

What can the indictment be drawn up for ?

Any further offences that evidence reveals

What is disclosure ?

P and D have to make certain points known to each other before trial

What do the prosecution have to disclose ?

All evidence they propose to use at trial, disclose previously undisclosed material which is in prosecutors opinion might reasonably be capable of undermining the case for the prosecution against the accused

What must the defence give ?

A written statement to the prosecution

What does this statement include ?

Nature of accused’s defence, matters of fact which issue can be taken with prosecution, point of law to be argues, any alibi and the witnesses

Who is an appeal from magistrates to crown court ?

Defence, they have an automatic rights to appeal

Who hears the appeal ?

2 magistrates and a crown court judge

What can d appeal against ?

Conviction but cant be done if D pleads guilty

What are the sentence outcomes include ?

Reverse or confirm the decision, reduce or increase sentencing (increase max 6 months), vary the offence

Who can use the kings bench division appeal route ?

Both P and D

What are appeals based on ?

Point of law

What is this shown in ?

S111 Magistrates court act 1980

What does the appeal come straight from ?

Magistrates or following appeal to crown

What do magistrates and crown state ?

Their case by setting put their findings of facts

Who is it head by ?

Two or three judges

Why can appeals be sent back ?

To apply the law correctly

Where can they be sent ?

To Supreme Court but only in certain cases

What happens in the Supreme Court ?

Requires a matter of general public importance and leave to appeal - C v DPP, appeal goes back to magistrates court

Where can you appeal to the court of appeal ?

From crown court

What does the criminal appeal act 1995 do ?

Requires D to obtain leave to appeal, 28 days to get it, single court of appeal judge, for an appeal conviction must be ‘unsafe’

How is unsafe interpreted ?

Widely due to article 60 of ECHR

What can the court of appeal hear ?

New evidence

What is the outcome ?

Allow appeal and quash conviction, vary conviction, lower sentence, deny appeal, order retrial (goes back to crown courts)

What happens if prosecution appeals ?

Limited rights of appeal, only available when D has been acquitted: jury hobbling, new and compelling evidence, ends double jeopardy rule must be a serious offence needs DPP permission and CA - Stephen Lawrence case

What happens when an appeal is made from court of appeal to the Supreme Court ?

Leave to appeal, an arguable point of law, of general public importance

What is s36 criminal justice act 1972 ?

Request to clarify a point of law

What can the attorney general request ?

The court of appeal reviews an unruly lenient sentence

Who are cases brought to to attorney general ?

CPS

What is it possible for a member of the public to do ?

Contact attorney general office if they feel original sentence too lenient