Courts and Tribunals System Flashcards
(57 cards)
What body is responsible for administering the courts except Supreme Court?
HMCTS
Who prosecutes a criminal offence?
CPS
Government Agency (HSE, EA, LA)
If D pleads guilty, can they appeal?
No, but they can apply to vacate their plea
On what grounds can D appeal from Magistrates Court?
Conviction
Sentence
Point of Law
How long does D have to appeal against conviction, sentence or point of law in magistrates court?
21 Days following verdict
If D appeals against conviction at magistrates court:
- how is appeal heard
- where is appeal heard
- who is appeal heard in front of?
Heard de novo (afresh)
in CC
before CC judge and 2 Mags
If D appeals against sentence at magistrates:
- where?
- potential outcome?
CC
(can increase sentence up to max sentencing power available to magistrates)
If D appeals against point of law at magistrates court:
- how is appeal heard?
- Where?
By way of case stated
at Administrative Court (KBD)
What rights of appeal does prosecution have at magistrates court
No right to appeal againt aquittal or leniant sentence
May appeal on point of law by way of case stated to KBD within 21 days of verdict
Does D need to permission to appeal from CC?
Yes from Court of Appeal or trial judge
When will an appeal against conviction be successful / quashed?
Conviction is unsafe because:
- new evidence
- errors
- misdirection of law
When will an appeal by D against sentence be successful from CC?
- error of law
- irrelevant matters
- incorrect evidence
- misapplied sentencing guidelines
Can the prosecution appeal against non-guilty verdict (aquittal) or sentence in CC?
P cannot appeal against conviction
Can appeal against:
- sentence IF made by AG and unduly lenient
- point of law IF permission of DPP
If D appeals against decision in CC what court will it be heard in?
Court of Appeal in front of 2 judges
If P appeals against decision in CC where will appeal be heard?
If sentence: Court of Appeal
If point of law: High Court KBD
when can D or P appeal from Court of Appeal in criminl cases?
- Permission of CoA or SC
- pont of law of general public importance
- within 28 days
NOTE: no certificate needed if habeas corpus, dec of incompatibility, contempt of court
Does the Privy Council ever decide a case?
No, only advises Crown
who sits in Privy Council?
SC judges and judges from Commonwealth
What powers does criminal cases review commission have?
- send decision made in CoA back to CoA for review IF ‘real possibility’ CoA will overturn
- send decision made in Mags or Youth Court to CC for review (rehearing - everthing heard again)
NEED: new evidence / legal argument never considered before
Where do criminal cases begin?
Magistrates
(no consideration of evidence if indicatble only offence)
Where do civil cases begin?
GR: County Court
EXCEPTION: (if over £100k then High Court)
how many tracks are there for cases in county court and how are cases allocated to a track?
3 tracks and each case allocated to a track depending on value and complexity:
- Small Claims: (less than £10k or £1k if PI)
- Fast Track
- Multi Track
3
what levels of judges are there in county court?
Deputy District Judge (DDJ): most junior paid a day rate (fee paid)
District Judge (DJ): Most common (procedural work but some final hearings)
Circuit Judge (CJ): Most senior (complex cases and appeals from decisions by DJs and DDJs)
what is the appeals process from county court?
Decision by DDJ or DJ –> CJ at County Court –> High Court (as of right) –> Court of Appeal (with leave) –> Supreme Court (general public importance)
