Chapter 8: Criminal Court Hierarchy, Appeal System and Jurisdiction

Flashcards covering administration, trial classification, legal aid, procedure, the Stephen Lawrence case study, and criminal appeal pathways in England and Wales.

Which body is responsible for handling police complaints?

The IOPC

Which Ministry of Justice (MoJ) agency is tasked with addressing miscarriages of justice?

CCRC

What agencies of the Ministry of Justice (MoJ) are listed in the notes?

HMCTS, Legal Aid Agency, CCRC (miscarriages of justice), JAC, Parole Board, Youth Justice Board, and Sentencing Council

What type of administration oversees the Supreme Court?

Independent administration

In which court do criminal prosecutions always start, and by what two methods?

Always in the magistrates' court first, by summons or CPS charge

What are the three categories of criminal offences?

Summary only, either way, and indictable only

Where are summary only offences heard, and what examples are provided?

Magistrates' court; examples include minor assaults and motoring

Where are either way offences heard, and what examples are provided?

Magistrates' or Crown Court; examples include theft, ABH, and burglary

Where are indictable only offences heard, what are some examples, and how are they sent from the magistrates' court?

Crown Court (examples include murder, rape, and robbery); they are sent up with no consideration of evidence

What are the two components of the CPS test for prosecution?

Sufficient evidence for a realistic prospect of conviction, and public interest

Which external bodies are specifically named as being able to bring private prosecutions?

HSE and RSPCA

What is the definition of 'cracked trials'?

Late abandonment of trials

What principles are emphasized by the Criminal Procedure Rules regarding trial process?

Overriding objective, case management, and early notice (adjournments are discouraged)

What are the requirements for legal aid under LASPO 2012?

Interests of justice plus a means test (about £22,325 in the magistrates' court)

What is the procedural sequence of a summary trial?

Disclosure, plea, trial, verdict, then sentence

In an either way offence, what happens upon a guilty plea versus a not guilty plea?

A guilty plea leads to sentencing; a not guilty plea leads to allocation

Compared to the magistrates' court, what characteristics define the Crown Court for defendants in either way offences?

The Crown Court has a stiffer sentence but more acquittals

What sequence of legal events followed the failed police investigation in the Stephen Lawrence case study?

Private prosecution (1996), then an inquest (limited to facts, returning 'unlawful killing'), then the Macpherson Report (institutional racism)

What does CJA 2003 Part 10 permit?

Retrial for serious offences on new and compelling evidence

What were the outcomes of the Stephen Lawrence case proceedings in 2011 and 2012?

Dobson's acquittal was quashed in 2011; Dobson and Norris were convicted in 2012

What legal principle was established in D v Commissioner of Police (2018)?

An HRA duty to investigate

What are the rules and composition for a defendant's appeal from the Magistrates' Court to the Crown Court?

Automatic right within 21 days; can appeal conviction (rehearing before a judge and 2 magistrates) or sentence

On what basis and within what timeframe can either side appeal from the Magistrates' Court to the Administrative Court (KBD)?

Case stated (error of law or excess of jurisdiction) within 21 days

What are the requirements and grounds for appealing from the Crown Court to the Court of Appeal (Criminal)?

Requires leave within 28 days; grounds are that the conviction is unsafe or the sentence is manifestly excessive

What is required to appeal from the Court of Appeal or KBD to the Supreme Court?

A certified point of law of general public importance, within 28 days

Under what authority can the Attorney General refer an unduly lenient sentence?

CJA 1988

What can the Attorney General refer under CJA 1972, and what effect does it have on the verdict?

A point of law after acquittal; it does not change the verdict

What jurisdiction is exercised by the Judicial Committee of the Privy Council?

Commonwealth criminal appeals