Criminal Courts

Question 1

Summary offence & pre trial procedure

Answer 1

Summary offences: least serious
Eg. Assault/battery
Enter plea at preliminary hearing in mags
Guilty:
- immediately sentenced @ mags up to 6 months
- if larger sentence needed can send case to crown court
Not Guilty:
- mags decide bail/remand
- date set mags trial (3 mags)
- if D found guilty, sentenced same way as shown above

Question 2

Triable either way offence & pre trial procedure

Answer 2

Triable either way:
Eg. S47 ABH, theft
Enter plea at mags ‘plea before venue hearing’
Guilty:
Same process as summary offences
Not Guilty:
Mode of Trial hearing (see if at mags/crown)
- if not too serious/complex D can elect which court
- if chooses mags same as summary process
Crown:
- case management hearing decides bail/remand and date for a trial with jury
- if found guilty, can give maximum sentence for the crime

Question 3

Indictable Offences and pre trial procedure

Answer 3

Indictable offencesn: most serious 
Eg. Murder
Enter plea at preliminary hearing- mags 
Guilty: 
- sent to crown for sentencing 
Not Guilty: 
- case management hearing and same process as triable either way

Question 4

Explain how mode of trial hearing works

Answer 4

Used in triable either way offences to determine which court handles case

Mags consider if within their ‘jurisdiction’ using factors
- seriousness of crime
- consequences (a stolen pen vs million pounds)
- complexity (points of law/defences/medical evidence)
- organised crime
- breach of trust
If within mags jurisdiction, D gets to elect which court
D may prefer Crown
- higher acquittal
- sympathetic
- perverse decisions
- lawyers in crown must have certificate of advocacy (experienced)
- means test less restrictive (easier legal aid)
May prefer mags
- shorter/cheaper trial
- very few people qualify for legal aid anyway
- lower sentencing powers
Once D elects, trial is concluded

Question 5

Explain factors D must consider when electing a court in mode of trial hearing

Answer 5

Mags
- shorter cheaper (half a day vs several days)
- if legal aid not available will want lower court fees/lawyer costs
- lower sentencing powers (although can send to Crown for sentencing anyway)
- may have local knowledge and understanding of circum
Crown
- higher acquittal 15 vs 60% crown (directed acquittal,sympathy)
- lawyers need certificate of advocacy in crown court so more experienced
- means test less restrictive (more likely to get legal aid)
- Crown court takes longer so any time on remand counts as time served
- juries can make perverse decisions or use jury equity

Question 6

Explain jurisdiction (work/role) of mags

Answer 6

Summary offences and triable either way that don’t go to Crown
3 lay mags listen to evidence and Court Clerk advice before making decision
- can sentence 6 months/unlimited fine
- can send up to Crown for harsher sentencing
10/17 y/o D’s heard by specially trained mag in youth court
- D can appeal to Crown Court (which has judge and 2 mags)
- mags prepare triable either way/indictable before sending to crown court
- mags always responsible for bail/remand
Outside of court:
- can issue warrants to search property
- issue summons to witnesses
- can extend police custody time for up to 96 hours

Question 7

Explain jurisdiction of crown court

Answer 7

Handles less than 3% criminal cases UK
Hear indictable/triable either way which is not under mags jurisdiction/ D elects Crown
- if D pleads guilty can get up to max sentence for that crime (by judge)
- if D pleads not guilty judge handles pre trial procedure in case management hearing and sets date for trial
- D has a trial and verdict decided by 12 jury members with legal advice from judge but decided in secret (based on evidence)
- these judges also hear appeals from mags on conviction/sentence

Question 8

Explain ways D can appeal a criminal case

Answer 8

If found guilty in mags D has automatic right to appeal conviction/sentence
- appeals go up to Crown & handled by judge & 2 mags
- can uphold mags decision, quash it or vary it
- can only vary decision downwards eg. From ABH to Battery
- can uphold, reduce, increase sentence (still can’t go above 6 months as originally in mags)
If found guilty in Crown D can seek ‘leave’ to appeal up to CoA on sentence/conviction
- Lady/Lord justice will grant permission or deny the appeal
- actual appeal heard by 3 Lord/Lady Justices
- CoA have same powers as Crown but can also order retrial if they quash unsafe conviction (George)
- can uphold sentence (Philpott)
- or decrease (Herbert)
- cannot increase sentence
In both courts they can make ‘case stated appeal’ when they believe judge/mags misinterpreted PoL
- appeal heard in QBD
- can confirm, reverse decision or clarify PoL and remit case back
From QBD can appeal further to SC
(Only if case concerns general public importance) eg. John Platt Case

Question 9

Explain ways prosecution can appeal a criminal case

Answer 9

There are various grounds of appeal which come from various Criminal Justice Acts

• can appeal against judge’s ruling for a directed acquittal which will be reviewed by a higher court
• jury nobbling (jury members bribed or threatened) this means acquittal not valid and so retrial is needed (Brinks-Mat robbery case- bribery)
• new and compelling evidence not presented at original trial ( need retrial with new evidence) Dunlop- acquitted then quashed as he confessed to the murder
• unduly lenient sentence (with AG permission) if feel sentence not harsh enough (Yates providing murder weapon is serious)
• refer PoL to CoA (with AG permission) where they can clarify but not change verdict
• make ‘case stated appeal’ on PoL to QBD (confirm, reverse decision or clarify and remit back to original court)
• from QBD they can seek leave to further appeal to SC if involved general public importance