Criminal Courts

Criminal Courts

Learning Objectives

  • Understand the classification of offences and which offences are tried in which court.

  • Understand the work of the Magistrates' Court.

  • Understand the appeal system from the Magistrates' Court.

  • Understand the work of the Crown Court.

  • Understand the appeal system from the Crown Court.

11.1 Classification of Offences

  • Criminal offences are divided into three categories for trial purposes:

    • Summary Offences

    • Triable-Either-Way Offences

    • Indictable Offences

11.1.1 Summary Offences

  • Definition: Summary offence - an offence that can only be tried in the Magistrates' Court.

  • Characteristics:

    • These are the least serious offences.

    • Always tried in the Magistrates' Court.

  • Examples:

    • Nearly all driving offences

    • Common assault

    • Criminal damage causing less than £5,000

    • Shoplifting where goods' value is less than £200

11.1.2 Triable-Either-Way Offences

  • Definition: Triable-either-way offence - an offence that can be tried in either the Magistrates' Court or the Crown Court.

  • Characteristics:

    • These comprise middle-range crimes.

    • Involves cases like theft and assault causing actual bodily harm.

    • If a defendant pleads guilty, the case is heard by the magistrates. If not guilty, a choice of trial location is determined.

11.1.3 Indictable Offences

  • Definition: Indictable offence - an offence that has to be tried at the Crown Court.

  • Characteristics:

    • Most serious crimes.

    • Initial preliminary hearing occurs at the Magistrates' Court, followed by transfer to the Crown Court.

    • Must be tried at the Crown Court by a judge and jury.

  • Examples:

    • Murder

    • Manslaughter

    • Rape

    • Robbery

Summary of Offences and Their Trials

    • Category of Offence

    Place of Trial

    Examples of Offences

    Summary

    Magistrates' Court

    Driving without insurance, Common assault, Criminal damage under £5,000

    Triable-either-way

    Magistrates' Court OR Crown Court

    Theft, Assault causing actual bodily harm

    Indictable

    Crown Court

    Murder, Manslaughter, Rape, Robbery

    11.2 Magistrates' Courts

    • Approximately 280 Magistrates' Courts operate in England and Wales, serving local jurisdictions.

    • Cases are heard by magistrates:

      • Either legally qualified District Judges or unqualified lay justices.

      • A legally qualified clerk assists in legal matters.

    • Sentencing Power:

      • Maximum prison sentence: 6 months for one offence; 12 months for two offences.

      • Fines: No upper limit for serious offences; set limits for others. Other penalties can include community orders or conditional discharges.

    11.2.1 Jurisdiction of the Magistrates' Courts

    • Handles a vast range of matters, including:

      • All summary cases

      • Triable-either-way offences if the magistrates accept jurisdiction where the defendant agrees to summary trial.

    • These categories constitute about 97 percent of all criminal cases, with around 1.5 million cases occurring annually in Magistrates' Courts.

    • Additional responsibilities:

      • Preliminary hearings for triable-either-way offences slated for the Crown Court

      • Preliminary hearing of all indictable offences.

      • Side matters like issuing warrants for arrest and bail decisions.

      • Trials in the Youth Court for defendants aged 10-17.

    11.3 Appeals from the Magistrates' Court

    • There are two routes of appeal: Crown Court or Administrative Court (Queen's Bench Division), depending on the nature of the appeal.

    11.3.1 Appeals to the Crown Court

    • Typical appeal route available only to the defence.

    • If the defendant pleaded guilty:

      • The appeal is restricted to the sentence alone.

    • If the defendant pleaded not guilty and was convicted:

      • The appeal can be against conviction and/or sentence.

    • The Crown Court rehears the case in its entirety with a judge and two magistrates.

    • Outcomes can be:

      • Confirm the conviction

      • Reverse the decision (if proven not guilty)

      • Find the defendant guilty of a lesser offence (variation).

    • Appeal against the sentence:

      • The Crown Court can either confirm, increase (subject to magistrate limits), or decrease the sentence.

    11.3.2 Case Stated Appeals

    • Appeals addressing points of law directed to the Administrative Court.

    • Applicable to both prosecution and defence.

    • Involves a request for the magistrates (or Crown Court) to articulate their findings of fact and decisions.

    • No witnesses are included in this appeal process.

    • The case may be heard by a panel of two High Court Judges (Queen's Bench Divisional Court). The final decision can:

      • Be confirmed, reversed, or sent back to the Magistrates' Court to execute the decision on points of law.

    11.3.3 Further Appeals to the Supreme Court

    • Further appeals from the Queen's Bench Divisional Court are permissible if:

      • The Divisional Court certifies the presence of a point of law of general public importance.

      • The Divisional Court or Supreme Court grant permission for the appeal.

    11.4 The Crown Court

    • Operates approximately 90 centres in England and Wales, adjudicating around 80,000 cases annually.

    • Jurisdiction includes:

      • Triable-either-way offences (defendant’s choice or magistrates' decision).

      • All indictable offences.

      • Appeals from the Magistrates' Court.

    • Trials consist of a judge and a jury of 12. The judge handles legal issues, and the jury determines guilt based on factual evidence.

    11.5 Appeals from the Crown Court

    11.5.1 Appeals by the Defendant

    • The defendant may appeal convictions and/or sentences to the Court of Appeal (Criminal Division).

    • Leave to Appeal: Required from the Court of Appeal or a certificate from the trial judge, intended to filter out unmeritorious cases.

    • Grounds for Appeal: Under the Criminal Appeal Act 1995, the Court of Appeal must allow an appeal if they find the conviction unsafe.

    • The court may quash or vary the conviction. For sentence appeals, the court may decrease but not increase sentences.

    • The court can also mandate a retrial with a new jury, used in about 50-60 cases annually.

    11.5.2 Appeals by the Prosecution

    • Initially, the prosecution had no appellate rights against jury verdicts. Limited rights have emerged:

      • Against a Judge's Ruling: Grounds to appeal if a judge’s ruling halts a case post-trial.

      • Against Acquittal: Limited to two scenarios:

      1. Jury acquittal due to misconduct (nobbling).

      2. New evidence of guilt warrants a retrial for specific serious crimes.

        • Example cases include DNA evidence refutations.

    • Double Jeopardy: This refers to retrying defendants once acquitted, under specific, newly introduced provisions by the Criminal Justice Act 2003.

    11.5.3 Further Appeals to the Supreme Court

    • Both prosecution and defence can appeal from the Court of Appeal to the Supreme Court.

    • A point of law of general public importance must be certified and permission granted for appeals.