CRIMINAL COURT SYSTEM

Question 1

What did the criminal appeal act 1995 do? (3)

Answer 1

simplified the grounds under which the court can allow appeal:
-shall allow appeal against conviction if they think the convictions unsafe
-shall dismiss such appeal in any other case

Question 2

what is an example where prosecution have appealed a sentence and it was increased by a large amount? (1)

Answer 2

include on defendant whose sentence for two offences of rape increased from 3.5 years to 11 years imprisonment.

Question 3

what is the jurisdiction of the magistrates court? (6)

Answer 3

-try all summary cases
-try any triable-either way offences (on agreement)
-deal with any preliminary hearings for any triable-either way offence
-deal with any first preliminary hearing of all indictable offences
-deal with all side matters connected to criminal cases
-try all youth cases

Question 4

what happens if a prosecution appeals referring a point of law? (2)

Answer 4

where a judge may have made an error explaining the law to the jury - this right is given under the s36 of the criminal justice act 1972

Question 5

what type of judge is in a magistrates court? (3)

Answer 5

heard by magistrates (legally qualified district judge or unqualified lay judges) also a legally qualified clerk attached to the court.

Question 6

how can the case reach the court of appeal (criminal division)? (2)

Answer 6

at the end of a trial, the defendant will be told by their lawyer if they should appeal, in order to appeal they must get leave to court of appeal or a certificate by the trial judge.

Question 7

what is an indictable offence? (1)

Answer 7

an offence that has to be tried at crown court.

Question 8

what are triable-either way offences? (1)

Answer 8

an offence that can be tried in either the magistrates court or crown court.

Question 9

what are some examples of indictable offences? (4)

Answer 9

-murder
-manslaughter
-rape
-robbery

Question 10

what judge is in the crown court? (2)

Answer 10

is heard by a judge and a jury of 12.

Question 11

how does an appeal arrive at the supreme court (criminal division)? (3)

Answer 11

from the decision of the Queens bench divisional court: such an appeal can only be made if;
-the divisional court certifies a point of law and public importance is involved.
-the divisional court or supreme court gives permission to appeal because the point is one which ought to be considered by the supreme court.

Question 12

what is needed to get a leave of appeal? (1)

Answer 12

application is considered by a single judge on the court of appeal in private.

Question 13

what happens if there is a point of law to be made in case of appeal in terms of crown court? (2)

Answer 13

the crown court can decide that point of law, but there is a possibility of a further appeal by way of case stated being made to the administrate court - by the prosecution and defence can use this route of appeal.

Question 14

what are the conditions for appeal at the crown court? (3)

Answer 14

the case is completely reheard by a judge and 2 magistrates. they can come to the same decision and confirm conviction or decide the case is not proved and reverse decision. in some cases they can find the defendant guilty of a lesser offence.

Question 15

what happens if a prosecution appeals against sentence? (2)

Answer 15

under s36 of the criminal justice act 1988 the attorney-general can apply for leave to refer an unduly lenient sentence to the court of appeal for re-sentencing.

Question 16

what is meant by a jury being ‘nobbed’? (2)

Answer 16

when one or more jurors are bribed or threatened by associates of the defendant - the criminal procedure and investigations act 1996 allows them to do this.

Question 17

what are the conditional appeals within the crown court? (2)

Answer 17

if the defendant pleaded not guilty the magistrates court then were convicted then they can appeal against conviction and/or sentence.
if the defendant pleaded guilty at the magistrates court they can only appeal against the sentence.

Question 18

what happens if a prosecution appeal against acquittal? (2)

Answer 18

are limited by two situations:
-where the acquittal was the result of the jury being ‘nobbed’
-where there is a new and compelling evidence of the acquitted persons guilt and it is in the public interest for the defendant to be retried - given power under the criminal justice act 2003

Question 19

how would the prosecution use the administrative court to appeal? (1)

Answer 19

the prosecution against an acquittal in situations where they claim the magistrates came to the wrong decision because they made a mistake of law.

Question 20

when are cases further appealed to the supreme court? (2)

Answer 20

both the prosecution and defence may do this but case has to be certified as involving a point of law of general public importance and to get permission to appeal either from supreme court or court of appeal.

Question 21

what is a summary offence? (1)

Answer 21

an offence that can only be tried in the magistrates court.

Question 22

what are some examples of triable-either way offences? (2)

Answer 22

-theft
-assault occasioning actual bodily harm

Question 23

what are some examples of summary offences? (3)

Answer 23

-driving without insurance
-common assault
-criminal damage under £5,000

Question 24

what are the classification of offences? (3)

Answer 24

-summary offences
-triable-either way offences
-indictable offences

Question 25

what do magistrates deal with? (2)

Answer 25

each court deals with cases that have a connection within their geographical area and have jurisdiction on a variety of matters in criminal cases.

Question 26

what are some examples of ways new and compelling evidence has lead to appeal in acquittal? (2)

Answer 26

new DNA evidence - two defendants in 2011 were convicted of murdering a teenager, Stephen Lawrence was retried and was convicted 19 years after the murder.

Question 27

what happens if the court of appeal believes the conviction is unsafe? (3)

Answer 27

they can allow the defendants appeal and quash the conviction. alternatively they can vary the conviction to that of a lesser offence, they can also decreases sentences but cannot increase.

Question 28

what does the judge do in the crown court? (2)

Answer 28

they judge decides the point of law and if the defendant is found guilty they decided the appropriate sentence. The jury decided whether a defendant is guilty or not.

Question 29

how would a defence use the administrative court to appeal? (1)

Answer 29

used by the defendant to appeal against a conviction.

Question 30

what comes under ‘side matters’ in terms of criminal cases? (2)

Answer 30

-issuing warrants for arrest
-deciding bail applications

Question 31

how are magistrates limited in terms of sentencing? (3)

Answer 31

-the maximum prison sentence they can impose is 6 months for one sentence or 12 months for two.
-there is no limit on the fine their implement
-can also implement a range of other sentences such as community orders or a conditional discharge.

Question 32

what happens if an appeal is against a sentence in the crown court? (2)

Answer 32

The court can confirm the sentence of they can increase/decrease it, can increase can only be up to the magistrates maximum powers for the case.

Question 33

what are the routes of appeal from the magistrates court? (3)

Answer 33

the route will depend on whether the appeal is only on a point of law;
-to the crown court
-or to the administrative court

Question 34

what happens if a prosecution appeals against a judge ruling? (3)

Answer 34

if a trial judges gives a ruling on a point of law that effectively stops the case against the defendant, the prosecution can appeal.
-this right is given under the criminal justice act 2003 and makes sure error of law by judge does not lead to acquittal.