Law ( ESL) - Courts( crim, appeal) and lay people

the criminal process ; offences Court of Appeal; Criminal Courts( The Appeal Process) sentencing; lay people

Whose decisions should follow the Court of Appeal?

Supreme Court

In which case CofA might not follow THEIR previous decisions?(3)

• if Supreme Court told so

• if there is conflicting decisions

• decisions were made per incuriam ( through lack of care)

Criminal Courts

Classification of offences

• Summary offences

• Triable either way

• Indictable offences

Summary offences( criminal)

• def.

• e.g.

• place of trial

• persons hearing the trial

• the least serious offences

• common assault,criminal damage( less than £5000 damage), shoplifting( less than £200)

• Magistrates Court

• The magistartes

Triable either way(criminal)

• def.

• e.g.

• place of trial

• persons hearing the trial

• middle range of trial

• theft, assault causing actual bodily harm

• EITHER Magistrates Court OR Crown Court( depends on whether pleaded guilty or not)

• magistrates OR Jury and Judge

Indictable offences(criminal)

• def.

• e.g.

• place of trial

• persons hearing the trial

• the most serious

• murders, manslaughter, rape, robbery

• Crown Court( although it always starts in Magist. Court)

• Magistrates then jury and judge

Jurisdiction of Magistrates Court( which types of offences are they hearing)

• try all summary cases

• some trial either way

• all cases for the first hearing( inc. indictable cases)

Jurisdiction of Crown Court

• all indictable offences

• some appeals from Magistr. Court

• far more sentence in power ( in comparison to Mag. Court)

Draw the diagram of appeal routes from the Magistrates Court( Criminal)

Draw the diagram of appeal routes from the Crown Court( Criminal)

Questions about the appeal routes from the Mag. C.(criminal) case stated appeal

• Which appeal goes to the Administrative Court?

• Who can use it?

• What does the defence appeal about?

• What does the prosecution appeal about?

• Why might the case be referred to QBDC?

• an appeal on a point of law

• Prosecution and Defence

• about their conviction or the length of sentence

• an acquittal in situations if they think that magistr. got it wrong

• if there is a point of law or a magistr. acted beyond his jurisdiction

Questions about the appeal routes from the Mag. C.(criminal) normal appeal route

• What is the normal appeal route ?
  

• Who can use it?

• What can be appealed?

• Is permission needed?

• What decisions can be made on an appeal against conviction/sentence?

• appealing to Crown Court

• Defence only

• Conviction( if didnt plead guilty) or length of sentence

• no need for permission

• Conviction - confirmed or reversed the decision; L of sentence - increase ( only up to the mag. max. powers) or decrease

Questions about appeals from the Crown Court

Appeals by the defendant

• 1.What can D appeal against?

• What is leave to appeal?

• What grounds are needed to appeal?

• What decisions can the Court of Appeal take? (5 actions)

• conviction or sentence

• D must get it from CofA or the certificate that the case is fit to appeal from the trial judge

• CofA shall allow an appeal against conviction if it is unsafe; OR dismiss in any other case

• 1. if conviction is unsafe then allow the appeal; 2. if appeal was about sentence - can decrease it but CANNOT increase it; 3.can order a retrial in front of a new jury; 4. dismiss appeal if conviction is safe; 5.can very the conviction to that of a lesser offence

Questions about appeals from the Crown Court

Appeals by the prosecution

• 1.When can the prosecution appeal against a judge’s ruling?

• 2.What does this result in?

• 3.When can they appeal against an acquittal?

• 4.What happens if the acquittal was because the judge made an error about a point of law?

• 5.If the C of A decides that there has been an error, who does the decision affect?

• 6 If the appeal is against a sentence what decisions can be made?

• On a point of law which leads to stopping the case against D

• Makes sure that an error of law by the judge does not lead to an acquittal

• when it happened bc of the jury being nobbled(jurors are bribed or threatened by D) OR new evidence against D

• the prosecution has right to refer point of law to the CofA

• It does NOT affect the acquittal but created the precedent for future cases

• it can be increased of an extra year or more being added to the sentence

Questions about further appeals to Supreme Court

• 1.Who can appeal to the Supreme Court

• 2.What factors must be satisfied for this to happen.

• 3.How made appeals are made per year?

• prosecution and defence

• Necessary to have the case certified as involved the point of law and to get permission to appeal

• only A FEW criminal cases go to SC each year.

What are the powers of the criminal courts to impose the punishment for the offender?(3) + explanation to each

• custodial sentence( CC - unlimited power; MC - max is up to 6 months for 1 offence and up to 12 months for 2 offences)

• fines ( CC - unlimited; MC - limited powers)

• Others powers, such as conditional discharge, making a compensation order or disqualifying

Sentences available for adults(custodial sentences) (5)are… + expl

• mandatory life sentences(a normal life sentence in that judge states the min n of the years that the offender must serve before release )

• discretionary life sentences (one which may be imposed in the case of many serious offences such as manslaughter, rape or grievous bodily harm with intent

• fixed-term sentences

• community orders

• suspended prison sentences

which aims of sentencing are there? (6) + examples of the punishments for each

• punishment/retribution (sentence must be proportionate to the crime)

• deterrence( heavy fine; prison sentence)

• rehabilitation( community order; individualised sentence)

• protection of the public( tagging; banning orders; long prison sentence)

• reparation( compensation order; unpaid work)

• denunciation( reflects blameworthiness of the offence)

What is the

1. retribution

2. deterrence

3. denunciation?

1. imposing the punishment because the offender deserves a punishment

2. giving a punishment aimed at putting off the defendant from re offending because of the FEAR of punishment

3. expressing societys disapproval of an offenders behaviour

Qualifications of the magistrates

• 7 key qualities

• age

• area

• commitment

• restrictions

1. good character

2. understanding and communication

3. social awareness

4. maturity and sound temperament

5. sound judgment

6. commitment and relaibility

7. take into consideration the reasoning of others and work as a team

• between 18-65

• NEAR to the local justice are to which they are appointed

• have to serve at least 26 half days each year

1. if they work as a policemen

2. ppl with serious criminal convictions

3. bankrupts

4. hearing is impaired

5. relatives in the local justice system

6. suffering from infirmity

What is the role of the mags?(6)

• deal with all summary, triable either way (some);

• deal with preliminary issues( remands and bail)

• transfer indictable cases to the Crown Court

• Youth court

• Family court

• Appeals in the Crown court

How the mags are being trained? (3 ways + expl.)

• supervised by the Magisterial Committee of the Judicial College( topics are being drawn up which must be covered be lay mags)

• training sessions ( carried out at local level , delivered by clerks; after doing the core training and observing the cases , a new mag will sit as a “winger” to hear cases)

• appraisal (during first TWO years some of the sessions will be mentored + more training , then an appraisal will take place to check if he has acquired the competencies

The use of juries in criminal cases

• qualifications

• disqualified

• discretionary excuses

• selection

• vetting

• function

• verdict

• age 18-75

registered to vote

resident in UK for at least 5 years since age 13

• sentenced to 5 years or more

served a prison sentence OR suspended sentence OR a community service order OR on bail

• Ill, business commitments, but expectation is the nearly everyone will serve

• central office selects names from the lists of electors;

  summons sent to these ppl; must attend unless disqualified

• may be checked for the criminal record

• decide verdict - guilty or NOT guilty

  judges directs them on law

• An unanimous verdict, but a majority verdict of 10:2 can be accepted

Advantages of the trial by jury(5)

• one of the fundamentals of the democratic society

• they are not bound to follow the precedent of past cases

• system of justice is seen to be more opened

• less biased

• secrecy protects jurors from the pressure

Disadvantages of the trial by jury (4)

• perverse decision ( the jury can ignore the unjust law)

• no way of knowing if the jury understood the case

• racial bias

• media influence