criminal courts Flashcards
(12 cards)
juristiction of the magistrates
- can hear summary offences, some tribal either way and fist hearing of indictable
- power to sentance up to 6 months and/or £5000 fine
- legal aid sentencing and punishment of offenders act allows court to issue higher penalties
- annicilliary matters e.g grant, bail, legal aid ect
juristiction of crown court
- hear trible either way and indictabale offences
- unlimited sentencing powers
- hear appeals from mags
what are pre trial procedures
- all criminal cases begin in mags
- complete pretrial procedures such as:
acess to legal aid, bail applications - whether a trial stays in the mags depends on the seriousness
summary offences
- less serious, delt with in mags e.g driving offences
- usually delt with at hearing
- if d pleas guilty they will be sentanced
- if d pleas not guilty a trial will occur
tribal either way offences
- delt with by mags or crown court
- in mags there will be a plea before venue
- there will be a mode of trial hearing, mags decides where case is heard
- if mags rejects juristiction d has no choice
indictable offences
- held in the crown court
- pretrial procedures held in the mags
- in the first hearing: establish identity, bail, legal aid
- plea + trial prep: case to cc, take plea, date set, pretrial prep
- disclosure: evidence discloded, defence submit document as to who they want to rely on
appeals from the magistrates: 8 points
1) rules in magistrates court act 1980, ammended in criminal appeal act
2) D appeal as of right against conviction or sentance
3) reheard, 1 circuit judge, 2 mags
4) issue on point of law, cc can go to kbd
5) error on point of law, reheard in kbd + 2 judges
6) prosecution right to appeal limited, cant to cc
7) pros may appeal to hc on point of law
8) from hc can go to sc on point of public importance
appeals from the crown: 8 points
1) leave to appeal required
2) D can apppeal against conviction/sentance on basis of new evidence
3) 3 judges in COA, confirm, quash or vary
4) P cant appeal decisions from cc, leave granted can to coa
5) P can appeal where D found guilty
6) D acquitted on point of law on serious offence P can appeal
7) P can appeal to hc where D aquitted but evidence of jury intimidation
8) hc to sc on point of general public importance.
5 aims of sentencing + act found in
- found in s57 sentencing act 2020
1) punishment
2) reduction of crime
3) reform and rehabilitation
4) protection of public
5) making reperations
aggrevating factors
- make crime more serious
- previous concvictions
- on bail
-part of gang - deliberatly targetting vulnrable victem
mitigating factors
- may reduce sentance
- genuine remorse
- minor part
- first time offence
- cooperation
- admition of guilt early
4 types of sentances
- adult custodial: prison, home detention, curfew, suspended sentance
- community sentance: unpaid work, curfew, electronic tag
- fines: less serious offences, amount depends on severity of crime
- discharges: threat of court is punishment alone, conditional as if D commits another crime previous will also be considered
