criminal courts: process and appeals

Question 1

What are the two criminal courts?

Answer 1

Magistrates Court, Crown Court

Question 2

What are the categories of offence?

Answer 2

Summary, Triable either way, Indictable

Question 3

Explain Summary Offences:

Answer 3

Summary offences are the least serious and are dealt with in the magistrates court. The Magistrates will decide on the verdict and the sentence. (MAX 6 months per offence)

Question 4

Explain Triable either way offences:

Answer 4

They are neither the most or least serious crime, they are somewhere in between. These types of offences will be dealt with by either the Magistrates or the Crown Courts. Depending on where D chooses to be tried.

Question 5

Explain Indictable offences:

Answer 5

They are the most serious types of offences and are always heard in the crown court. The jury will decide on the verdict and the D will be sentenced by the Judge.

Question 6

Briefly explain the procedure for Summary offences up to the not guilty/guilty plea.

Answer 6

D receives a summons or is charged with a summary offence (assault/battery). D appears before Mags for a preliminary hearing where they will plead either guilty or not guilty.

Question 7

What happens if D pleads guilty? (Summary offence)

Answer 7

The magistrates will sentence D to a maximum of 6 months. If mags decide their sentencing powers are not strong enough, they will refer the case to the crown court.

Question 8

What happens if D pleads not guilty? (summary offence)

Answer 8

Magistrates set a date for the trial. They will consider whether to grant bail and the conditions to place on it. At the trial hearing, magistrates will hear the evidence and reach a verdict. IF D is found guilty, mags will sentence D - if their powers are not enough, they can send them to the Crown.

Question 9

Explain the procedure for triable either way offences (up to plea before hearing)

Answer 9

D is charged with a triable either way offence. There will be a plea before venue hearing in which the D will plead guilty or not guilty in the mags court.,

Question 10

What happens if D pleads guilty at the plea before venue hearing? (Triable either way)

Answer 10

Magistrates will sentence D to a maximum of 6 months per offence and 12 months for more than 2 offences. If the magistrates decide that their powers are not strong enough they will refer the case to the crown court.

Question 11

What happens if D pleads not guilty at a plea before venue hearing? (Triable either way up to modes of trial)

Answer 11

1) The magistrates will decide whether it is possible for the case to be heard in the Mags court, or whether it must go to the crown.
2) If mags decide they can hear the case, D is given the choice (defendants election) as to which court his case is heard in.

Question 12

Explain the mode of trial at the Magistrates Court (Triable either way)

Answer 12

At the trial hearing, Magistrates will hear the evidence and reach a verdict. If D is found guilty, the Mags will sentence D. if they decide their powers are not enough, they will send D to crown.

Question 13

Explain the mode of trial at the crown court (triable either way offences)

Answer 13

The magistrates refer the case to the crown for a case management hearing. This is where bail will be decided and a date will be set for the trial. At the trial, the jury will listen to evidence and decide a verdict. If found guilty, D is sentenced by the judge.

Question 14

What are the factors that need to be taken into account by Magistrates? (5 points)

Answer 14

Level of seriousness of offence, whether their powers of punishment will be enough, does the case involve complex issues of fact or law, was there an abuse of trust, was the crime organised by a gang

Question 15

Explain the procedure for indictable offences

Answer 15

D is charged with an indictable offence. D appears before magistrates and enters a plea. Mags deal with any preliminary issues such as legal aid and bail. Case referred to Crown for a case management hearing where a date is set for the trial. Trial will take place before a judge and the jury. If the Jury find D guilty, Judge will sentence D. As the offence is indictable, the likely sentence is custodial.

Question 16

Explain the procedure for indictable offences

Answer 16

D is charged with an indictable offence. D appears before magistrates and enters a plea. Mags deal with any preliminary issues such as legal aid and bail. Case referred to Crown for a case management hearing where a date is set for the trial. Trial will take place before a judge and the jury. If the Jury find D guilty, Judge will sentence D. As the offence is indictable, the likely sentence is custodial.

Question 17

What does the D have the automatic right to appeal against?

Answer 17

Appeal against conviction

Appeal against sentence

Question 18

Explain appeal against conviction (Magistrates)

Answer 18

This appeal will be heard in the crown court by a Judge and 2 Magistrates. The judges can either uphold the conviction, quash it, or vary it. However, it can only be varied downwards like S47 ABH -> Battery

Question 19

Explain appeal against sentence (Magistrates)

Answer 19

This appeal will be heard in the crown court by a Judge and 2 Magistrates. They can either confirm (uphold), decrease, or increase the sentence. However, the sentence can only be increased to the maximum sentencing powers of the magistrates.

Question 20

Explain appeals from the crown court (up to the different types of appeals)

Answer 20

The D can either appeal against conviction or sentence. In order to appeal from the crown court, they must apply for and be granted leave to appeal. This means that D needs to get permission to appeal from one justice of appeal. The CoA will hear these appeals.

Question 21

Explain appeals against conviction (crown) with case example.

Answer 21

This case will be heard in the CoA by lord justices of appeal. The CoA can uphold the conviction, quash it (and may order a retrial), or Vary it. In the case of R v Barry George, they quashed the sentence and ordered a retrial.

Question 22

Explain appeal against sentence (crown) with case example.

Answer 22

This case will be heard in the CoA by lord justices of appeal. The court can either uphold the sentence, or decrease it. They cannot increase the sentence. In the case of R v Philpot, where her appeal was dismissed.

Question 23

Name the case for appeal against conviction (murder of celeb)

Answer 23

R v George

Question 24

Name the case for appeal against sentence (Goth murderer)

Answer 24

R v Herbert

Question 25

Name the case for the appeal against sentence (fire)

Answer 25

R v Philpot

Question 26

What did the CoA do to the conviction in R v George?

Answer 26

They quashed it and ordered a retrial.

Question 27

What did the CoA do to the defendants sentence in R v Herbert?

Answer 27

Reduced the sentence to 15 years and 6 months

Question 28

What did the CoA do to Mairead Philpott’s sentence?

Answer 28

They dismissed the appeal because she should have been given life.

Question 29

Explain the Prosecution appeal of ‘judges ruling’

Answer 29

If a judge makes a ruling on a point of law which stops the case, the prosecution can appeal (Criminal Justice Act 2003) to the CoA which can order the continuation of trials, or retrial. Eg. Directed acquittal like in R v Counsell

Question 30

Explain the Prosecution appeal of ‘appeal against acquittal’ ONLY 1ST POINT

Answer 30

Due to Jury Nobbling - If D is acquitted due to a juror being biased or threatened, the prosecution can appeal asking for acquittal to be quashed and D to be retried. PC Andrew Harper Case

Question 31

Explain the Prosecution appeal of ‘appeal against acquittal’ ONLY SECOND POINT INCLUDING CASE

Answer 31

2) Due to new and compelling evidence. If D has been acquitted of a crime but ‘new and compelling evidence’ comes to light, then prosecution can appeal, ask the CoA to quash D’s acquittal so he can be retried. R v Dobson V Norris

Question 32

Explain the Prosecution appeal of ‘appeal by referring a point of law’

Answer 32

P also has 2 appeals based on points of law. Firstly, they can refer a point of law to the Court of Appeal if the AG gives permission. This allows the Court of Appeal to clarify the point of law, but will not affect the verdict of the case.

Question 33

Explain the prosecution appeal of ‘appeal against an unduly lenient sentence’

Answer 33

P can also appeal against an unduly lenient sentence with the permission of the Attorney General (AG). They can do this if they feel the original court did not give a harsh enough sentence considering the evidence. This happened in R v Yates, where the court increased D’s sentence for five years as they had not considered the seriousness of providing the murder weapon (a gun).

Question 34

What is the final way that both the prosecution and the defence can appeal decisions?

Answer 34

Case stated appeals

Question 35

What does either the prosecution or defendant claim in a case stated appeal?

Answer 35

The law has been misapplied or misinterpreted

Question 36

What court hears case stated appeals?

Answer 36

Queens Bench Divisional

Question 37

From what court/s can case stated appeals be made?

Answer 37

Magistrates or crown

Question 38

What powers does the QBD have when dealing with case stated appeals?

Answer 38

• Confirm decision
• reverse (change) - also change verdict of the case
  AND
• Remit the case back to the original court

Question 39

If a party does not agree with the decision of the QBD, who is the case stated appeal left to?

Answer 39

The Supreme Court

Question 40

What is needed to make the appeal to the Supreme Court?

Answer 40

Permission/ leave

Question 41

When will permission/ leave be given to appeal to the Supreme Court?

Answer 41

If the point of law is of ‘general public importance’

Question 42

Case example of a case stated appeal

Answer 42

Jon Platt Case

• magistrates
• QBD confirmed dec
• Supreme Court reverse and remit to mags