Criminal Court Hierarchy and Appeal System Flashcards
(13 cards)
Who is responsible for the administration of criminal courts and the criminal justice system?
Ministry of Justice has responsibility for the courts, prisons, probation service and attendance centres
- Administers the court and justice system
- Works with 33 agencies to achieve its goals, including the HM Court and Tribunal Service – responsible for courts and tribunals
Supreme Court has its own administrative system
What is the hierarchy for criminal courts?
1) Prosecutions always begin in Magistrates’ Court
- Crown Court handles more serious trials
- CoA Criminal Division above CC
- Supreme Court above that
2) Judicial Committee of Privy Council is last resort for Commonwealth appeals
3) Defendants aged under 18 will progress through Youth Court
How can a prosecution be commenced?
Prosecutions can begin in one of two ways:
1) D summoned to court by relevant written communication
- Used to prosecute motoring offences for example
2) D charged by CPS, following arrest at police station
D first appears at MC
Offences are classified in 3 ways. What are these classifications?
Offences triable only summarily
- Minor and must be tried by MC
- Minor assaults, motor offences
Offences triable either way
- More serious; can be tried either by MC or CC
- ABH, burglary
Offences triable only on indictment
- Most serious offences; must be tried in CC
- Murder
What are some of main Criminal Procedure Rules?
These govern the administrative and court process of criminal prosecutions
They must be followed alongside a lawyer’s conduct obligations
Include provisions relating to:
- Overriding objective
- Duty of participants in criminal cases
- Provide information relating to case management
- Directions for trial
- Service of documents
- Court forms and court records
How can a defendant fund their criminal case?
Legal Aid, Sentencing and Punishment of Offenders Act 2012 provides latest framework for legal funding
To obtain funding:
- Must be in the interests of justice
- Defendant must meet a strict means test
If their gross annual income is above a certain amount, they must fund their defence privately
What is the process of a summary case in the Magistrates’ Court?
Initial hearing shortly after charge
- Prosecution will share some evidence about their case - ‘disclosure’
- D enters a plea or can choose not to
- Guilty plea = sentencing
- Not guilty plea = leads to trial
Trial
- Usually only lasts one day
- Sentencing usually occurs on the day if D is found guilty
What is the process of a either-way case?
Initial hearing
- Prosecution discloses case
- D enters plea
- Justices decide if trial should take place in MC or CC
If MC accepts jurisdiction, D can ask for an indication of sentence and then choose MC or CC
- MC - lesser sentence and quicker
- CC – more likely to be found not guilty by a jury
How do prosecution work in the Crown Court?
Either way offences – must be allocated either to MC or CC
Indictable only offences are sent to CC at first opportunity
- Preparation and timeline to trial is more involved than for other types of offences
How do appeals from the Magistrates’ Court work?
As liberty at stake, there is a greater presumption that there should be a second chance for D to establish their innocence
Restricted ability for P to appeal – generally not allowed unless on a point of law
D can appeal against conviction, sentence or both
- From MC, appeal is to CC
- Summary matters do not get appealed further than CC as a matter of public policy
Automatic right for D to appeal
- They must file a notice to appeal within 21 days of verdict
Both P and D can appeal on a point of law to the Administrative Divisional Court of the King’s Bench Division:
- Error of law
- Ruling in excess of jurisdiction
- Insufficient evidence
How do appeals from the Crown Court work?
Appeals from CC go to Court of Appeal Criminal Division
- Leave to appeal is required, unless the trial judge has certified the matter is fit for appeal
A notice to appeal should be served within 28 days of conviction or sentence
Appellant needs to show solid grounds why the conviction was unsafe:
- Error of law
- Material irregularity
Can also appeal to CoA where the sentence is manifestly excessive
When is an appeal to the Supreme Court possible for a criminal case?
Appeals to SC can be made either from CoA Criminal Division or Administrative Divisional Court of KBD
Leave to appeal is required, either from the court above or from SC
- Must apply for permission within 28 days to obtain a right to appeal
There must be an exceptional case of general public importance to allow appeal
When can an appeal be made to the Judicial Committee of the Privy Council?
Unusual for lower court to grant leave to appeal here unless:
- the case raises questions of great and general importance; or
- there has been some grave violation of the principles of natural justice
Can ask for permission from Privy Council within 56 days if permission denied by lower court
