Criminal courts Flashcards
(19 cards)
Jurisdiction of Magistrates’ Courts
160 in England and Wales
Deal with cases that have a connection to their geographical area
97%
Heard by Magistrates (legally qualified district judges or non-legally qualified magistrates)
Try all summary cases
Try any triable-either-way that can be dealt with
Deal with first hearing of all indictable offences
Deal with all criminal preliminary matters - issue warrants for arrest
Try cases in the Youth Court
Jurisdiction of the Crown Court
Sits in about 84 different locations in England and Wales
Deals with all indictable offences
Deals with any triable-either-way offences from the Magistrates’ court
Judge sits alone to hear pre-trial matters and where a defendant pleads guilty
When plead not guilty, use of a jury
Judge - controls court, rule on issues of law, direct jury on law/ evidence, impose a sentence
Prosecution - CPS
Defendant - person charged with a criminal offence
Summary offences
Least serious criminal offences
Have to be tried in Magistrates’ court
Divided into different levels which carry maximum fines - £200 to unlimited
Examples - common assault, driving while disqualified
Triable-either-way offences
Can be tried in Magistrates’ or Crown court
If tried in Magistrates’ then the process is the same as summary offences
If the defendant pleads guilty, can be sent to Crown (not enough power)
If tried in Crown then the process is the same as an indictable offence - if found guilt impose any sentence
Example - assault causing ABH
Indictable offences
Most serious offences
Can only be tried in Crown court
Preliminary hearing to establish identity of defendant in Magistrates’ court
If plead guilty - judge will impose sentence
If plead not guilty - jury decide guilt
When sentencing - judge can impose up to maximum
Example - murder
Pre-trial for summary offences
Aims to complete at earliest opportunity
First hearing - Clerk checks defendant’s name/ address, and takes the plea
Over 90% plead guilty
Plead guilty - proceed to consider a sentence even if no lawyer, sentencing hearing (brief facts and statement from defendant, announce sentence)
Minor driving offences - plead guilty by post so no court
Plead not guilty - Magistrates discover issues and set date for trial
Pre-trial for triable-either-way offences
Procedure set out in Magistrates’ Courts Act 1980
Plea before venue - defendant asked to plea, plead guilty (matter automatically heard by Magistrates’ and sentencing hearing same way as summary), plead not guilty (Magistrates decide where case is tried, can’t request crown court but can be sent)
Mode of trial - procedure to decide most appropriate court, Magistrates decide, consider nature of offence/ power of punishment, cases has complex question such as breach of trust go to Crown court, if got to crown then pre-trial there
Pre-trial for indictable offences
First hearing - in the Magistrates’ after being charged, establish defendant’s identity/ decide if bailor custody should be ordered/ if the defendant needs legal aid
Pre-trial matters - dealt with in Crown court by judge sitting alone
PTPH - plea and trial preparation in crown court, arraign defendant (take plea)/ set trial date/ identify issues for trial/ provide a timetable for pre-trial/ provision for FCMH (further case management hearing)
Indictment - document prepared to formally set out charges, any further offences evidence revealed
Disclosure - parties have to make evidence known, prosecution set out all evidence/ undisclosed material, defence give a statement of nature of defence/ issues with facts/ point of laws to be argued/ any witnesses or alibis
Appeals from Magistrates’ to Crown
Only available to defence
Plead guilty - appeal only against sentence, Crown court can confirm/ increase/ decrease sentence up to max of Magistrates
Plead not guilty - appeal against conviction and/or sentence, judge with 2 lay magistrates, complete rehearing including any evidence not available in magistrates, confirm or vary conviction/ sentence, found guilty of lesser offence
Case-stated appeals
Appeals on a point of law to the KBD
From Magistrates’ or following an appeal to crown court
Available to prosecution and defence
Previous court asked to state case - set out findings of fact and decision
Appeal on basis of what the law is - no witnesses
Usually heard by panel of 2 or 3 judges
Approach - previous case came to wrong decision as they made a mistake
Can confirm/ vary/ reverse decision or send the case back with new implementation
Fewer than 100 cases
Appeals from the crown court
Appeals by the defendant - advised by lawyer on possibility of appeal, can be made against conviction or sentence to the COA
Leave to appeal - Criminal appeal act 1995, must get permission from single judge, no cases without merit
Criminal appeal act 1995 - allow appeals for unsafe convictions, this is an unfair trial
New evidence - can introduce new law if it’s capable with belief, has grounds, would it have been admissible and why it wasn’t produced
COA’s powers - allow appeal and quash conviction, vary conviction to lesser offence, decrease/ increase sentence, dismiss appeal, order retrial with new jury
Appeals by prosecution - double jeopardy, limited rights, jury was ‘nobbled’, new/ compelling evidence, in the public’s interest, Criminal justice act 2003
Refer point of law after acquittal - s.36 criminal justice act 1972, AG can refer point of law to COA to get ruling on point of law
Against sentence - AG ref can appeal for leave for unduly lenient sentence
Supreme
Aims of sentencing
Aggravating factors in sentencing
Increase a sentence
Courts must know details of offence
Main factors - pre-sentence reports, medical reports, sentencing guidelines, the offender’s background
Pre-sentence reports - prepared by probation service, important for community sentences, information on offender’s background, why commit crime
Medical reports - medical or psychiatric problems, from a doctor
Sentencing guidelines - sentencing council established in 2010, develops guidelines, publish info of sentencing powers in different court
Factors - previous convictions for similar or relevant offences, if on bail when crime was committed, any racial or religious motivator, hostility towards sexual orientation or disability, plead not guilty
Mitigating factors in sentencing
Decrease a sentence
Courts must know details of offence
Main factors - pre-sentence reports, medical reports, sentencing guidelines, the offender’s background, reduction for a guilty plea
Pre-sentence reports - prepared by probation service, important for community sentences, information on offender’s background, why commit crime
Medical reports - medical or psychiatric problems, from a doctor
Sentencing guidelines - sentencing council established in 2010, develops guidelines, publish info of sentencing powers in different court
Factors - no previous convictions, showing genuine remorse, taking a minor part in the offence, mental illness/ disability, plead guilty
Reduction for guilty plea - first reasonable opportunity (reduced by 1/3, unless strong evidence - 20%), after trial set ( 1/4), after trial has begun (1/10)
Types of custodial sentences
Only for serious offences (s.152 of the Criminal justice act 2003)
Mandatory life sentences - judge sets minimum number of years before eligible for license (tariff), 12 years to a whole life order, can changed by mitigating and aggravating factors, if over 18 and commit 2 serious offences (s.22 LASPO 2012)
Whole life order - for murder, offender considered so dangerous never be released
Releasing on license - decided by parole board, look at admitting/ behaviour during tariff, conditions on release, life sentence = conditions for forever
Discretionary life sentences - first commission of serious offence, manslaughter/ rape/ robbery, maximum is life imprisonment, can give any sentence they choose
Fixed-term sentences - less serious crimes, set out by statute, depends on seriousness and previous record, based on aggravating and mitigating factors, spend half in prison and half on license, terrorism serve 2/3 in prison, release notes
Suspended sentences - only serve custodial if breach a term of suspension, prison part 14 days to 2 years, period of suspension 6 months to 2 years, threat of prison deters, may have conditions
Types of non-custodial sentences
Community order (unpaid work) = between 40-300 hours, project run by probation service, hours fixed by court, 8 hour sessions
Community order (curfew) = has to remain at fixed address for 2-16 hours a day, order can last up to 6 months, reinforced with tagging
Community order (supervision) = up to 3 years, meet officer for regular appointments
Role of the CCRC
Appeals for cases which started in crown court
To the COA - against conviction or sentence, defence can appeal, prosecution must get approval from AG for resentencing or a point of law, need leave
To the Supreme - only if it’s important point of law, need leave
Appeals for cases that started in Magistrates’
To crown - defence only
From crown to KBD - case stated appeals, must be a question of law, both defence and prosecution, only against conviction
Doesn’t go to COA
To supreme - important point of law, need leave
