Criminal courts

Classification of offences

The Criminal Law Act 1977 created three classes of offence - indictable offences, offences triable either way and summary offences but the law is now contained in Part 1 of the Magistrates' Courts Act 1980.

Criminal Law act 1977

Created three classes of offence

Magistrates court act 1980

Where the law on classification of offences is now stored / contained

Summary offences

Least serious – heard in the Magistrates’ Court. e.g Most driving offences, assault, battery. Up to six months’ imprisonment for a single offence, or up to 12 months in total for two or more offences; and/or a fine, generally, of up to £5000 (unlimited if Level 5 offence)

Triable either way offences

Middle range offences – based on the level of seriousness – can be heard in the Magistrates Court or Crown Court. Theft, Section 20 wounding/GBH, ABH. – Sentence depends on which court and their powers.

Indictable offences

Most serious – heard in the Crown Court – Murder, Manslaughter, Robbery, Section 18 wounding/GBH. Sentence – Crown Court sentencing powers – up to life imprisonment or unlimited fine.

Pre-trial procedure

The term pre-trial proceeding applies to all actions or hearings that happen before the defendant stands trial. Pre-trial procedure is different depending on which classification of offence the D is accused of committing

Summary pre-trial procedure

• These are dealt with in the Magistrates Court.

• If the D pleads guilty the D can be sentenced there and then, alternatively the Court may await the pre-sentence report before sentencing the D.

• If the D pleads not guilty, a trial date will be set and the Magistrates will discover the issues within the case. The Magistrates will decide to bail the D or remand them in custody. The D would then face a summary trial in the Magistrates Court. If the D is found guilty D can be sentenced there and then, alternatively the Court may await the pre-sentence report before sentencing the D.

• If the D is found not guilty then they are free to leave.

Triable either way pre-trial procedure

• Because Triable either way offences can be heard in either the Magistrates and the Crown Court, the pre-trial procedure has first to decide where the case will be tried.

• The plea before venue takes place in the Magistrates Court. D will be asked if they plead guilty or not guilty.

• If the D pleads guilty – they lose the right to ask for the case to be heard in the Crown Court and the case will stay in the Magistrates’ Court. (Although note that the Magistrates Court could still send the case to Crown Court if they have insufficient sentencing powers).

• If the D pleads not guilty the Magistrates’ will carry out mode of trial to decide which court the case will be heard in. Section 18 of the Magistrates Court Act 1980, they must consider the nature and seriousness of the case, their own powers of punishment and any representations of the prosecution and defence

• If the Magistrates’ Court can accept jurisdiction there will be the defendants election. The D has the right to choose the Crown Court or stay in the Magistrates Court.

• If the chooses the Magistrates Court. D will have a trial in the Magistrates Court. (summary trial)

• If the D is found guilty Magistrates can sentence, then and there or transfer the case to the Crown Court for sentencing.

• They may also adjourn the hearing and await the pre-sentence report.

• If the chooses the Crown Court. D will have a trial by jury.

• If the D is found guilty the judge will sentence, or may adjourn the case and await the pre-sentence report.

Section 18 of the Magistrates Court Act 1980

they must consider the nature and seriousness of the case, their own powers of punishment and any representations of the prosecution and defence

Indictable pre-trial procedure

• The Early Administration Hearing will take place in the Magistrates’ Court, the case will pass quickly through the court – Magistrates to deal with preliminary issues. NO PLEA IS ENTERED. The case will be transferred to the Crown Court.

• At the Crown Court there is a Plea and Case Management Hearing. All relevant information gathered. PLEA IS ENTERED.

• If the D pleads guilty – sentencing may take place immediately or judge may wait for the pre-sentence report. - Bail will be considered.

• If D pleads not guilty – details by prosecution and defence are given and a questionnaire is completed. D can request an indication of sentence. There will be a trial by jury in the Crown Court.

• If guilty again judge may sentence or await the pre-sentence report.

• If found not guilty – Free to go.

jurisdiction of magistrates court

In criminal cases the Magistrates Court deal with a variety of matters. They have a large work load as they do the following:

• Try all summary cases

• Try any triable either way offences in which the magistrates are prepared to accept jurisdiction and where the D agrees to a summary trial by the magistrates.o Deal with the preliminary hearings of any triable either way offence which is going to be tried in the Crown Court.

• Deal with the first preliminary hearings of all indictable offences.

• Deal with all the side matters connected to criminal cases, such as issuing warrants for arrest and deciding bail applications.

• Try cases in the youth court where the defendants are aged 10-17 inclusive.

• The court has the power to sentence an offender to a maximum of 6 months imprisonment (for one offence) and/or up to £5000 fine LASPO (Legal Aid, Sentencing and Punishment of Offenders Act 2012) gives the court additional powers to issue higher penalties on offenders who have committed ‘Level Five’ offences.

• Deals with ancillary matters including the grant of bail legal aid and the grant of search/arrest warrants and extension to custody times.

Legal Aid, Sentencing and Punishment of Offenders Act 2012

The court has the power to sentence an offender to a maximum of 6 months imprisonment (for one offence) and/or up to £5000 fine LASPO gives the court additional powers to issue higher penalties on offenders who have committed ‘Level Five’ offences.

Appeals from the magistrates

There are two different appeal routes when a criminal case is heard in the Magistrates’ Court.

Firstly, the defence can appeal to the Crown Court, this is an automatic right and they do not need leave to appeal.

• If the D pleads guilty, then they are only able to appeal against their sentence.

• If the D pleads not guilty and is found guilty, they can appeal against sentence and or conviction.

• In the Crown Court the case is reheard by a judge and two lay magistrates.

• If it is an appeal against conviction, the court can confirm, reverse or vary to find the defendant guilty of a lesser offence, remit the case back to the Magistrates’ Court.

• If the conviction is against sentence, the court can confirm or increase the sentence, but only to the maximum of the Magistrates’ sentencing powers.

• The other route of appeal is from either the Magistrates Court or the Crown Court.

Second Option - This route is a case stated appeal to the Kings Bench Division of the High Court (Administration).

• This appeal can be made by the defence or the prosecution.

• Panel of two or three High Court Judges, which might include a Court of Appeal judge

• If it is the defence then they may appeal against conviction on a point of law. The High Court may confirm, vary or reverse the decision or send the case back to the Magistrates’ Court (Remit).

• If it is an appeal by the prosecution they may appeal against acquittal on a point of law. Court may confirm or quash decision or send the case back to the Magistrates’ Court for re-hearing (Remit).

• From the High Court, there is a final appeal to the Supreme Court. Appeal must involve a point of law of public importance. Leave to appeal is required.

• An example of a case that followed this appeal route was C v DPP

Jurisdiction of the Crown Court

• In criminal cases the Crown Court deal with a range of issues:

• The Crown Court has jurisdiction to hear triable either-way and indictable offences.

• The court also deals with referrals for sentencing from the Magistrates Court.

• The court has unlimited sentencing powers (subject to statutory guidelines).

• It has jurisdiction to hear appeals from the Magistrates’ Court. Appeals are usually heard by a Circuit Judge sitting with no more than 4 magistrates

Appeals from the crown court

• From the Crown Court the appeal is to the Court of Appeal. Leave to appeal required and application must be made within 28 days.

• Both the defence and the prosecution have the right to appeal.

• If the defence is appealing, the appeal is under the Criminal Appeals Act 1995 on the grounds that the conviction is unsafe.

• They can appeal against conviction and or sentence.

• If they wish to rely on evidence to prove this, then it must be explained as to why the evidence was not presented and the original trial.

• The Court of Appeal can order a retrial or quash the conviction. If it is against sentence, then they can decrease upon appeal, but they cannot increase.

• The prosecution has limited rights to appeal.

• They can appeal against a judge’s ruling if it is having stopped the case against the D on a point of law. The prosecution can also appeal against an acquittal in two situations, firstly jury nobbling or new and compelling evidence (Criminal Justice Act 2003).

• They are also able to appeal on a point of law if the judge has made an error in explaining the law to the jury if D is acquitted (Section 36 Criminal Justice Act 1972).

• If this is the case it sets precedent and does not change to present case.

• Prosecution may ask the Attorney General to seek leave to appeal in respect of an unduly lenient sentence under Section 36 Criminal Justice Act 1988.

• There is the possibility of a further appeal to the Supreme Court. However, leave is required from either the Court of Appeal of the Supreme Court. The appeal must involve a point of law that is of public importance, this appeal is available to both the prosecution and defence

Criminal justice act 2003

They can appeal against a judge’s ruling if it is having stopped the case against the D on a point of law. The prosecution can also appeal against an acquittal in two situations, firstly jury nobbling or new and compelling evidence

Section 36 criminal justice act 1972

They are also able to appeal on a point of law if the judge has made an error in explaining the law to the jury if D is acquitted

Section 36 criminal justice act 1988

Prosecution may ask the Attorney General to seek leave to appeal in respect of an unduly lenient sentence