Criminal courts Flashcards
(16 cards)
What jurisdiction does the magistrates court have?
- initial arrest, search warrants, bail
- summary offences and some either way offences
- preliminary hearings
- youth court excluding murder
What are the sentencing powers of a magistrates court?
- maximum of 6 months prison per offence, max 12 months
- fines
- community service
- conditional charge
What is the jurisdiction of the crown court?
- only serious criminal cases
- indictable or some either way offences
- jury
- appeals from mag
- sentencing from mag due to lack of sentencing powers
What are the 3 types of offences?
- Summary offences
- either way offences
- indictable offences
Summary offence
- lowest offences
- magistrates court
- less onerous punishments
- driving without insurance, taking a vehicle, common assault etc…
Either way offence
- either magistrates or crown court depending on severity
- can be sent to crown court if magistrates believe they do not have the sentencing powers
- abh, theft, obtaining property by deception etc…
indictable offence
- most serious
- crown court and jury
- murder, rape, manslaughter etc…
Pre-trial procedure: summary offence
- plea before trial (guilty or not guilty, and used to confirm name address etc…)
- if guilty, no trial needed, magistrates sentence, over 90% plead guilty
- if not guilty, magistrates uncover issues involved, set a date
Pre-trial procedure: either way offence
- plea before trial
- if guilty, magistrates see if sentencing powers are enough, if yes then sentence.
- if guilty and sentencing powers not enough then sent to crown court for sentencing
- if not guilty, mode of trial (accept jurisdiction), if yes then D elects place of trial, trial held
- if not guilty and mode of trial not accepted, sent to crown court, trial held
pre-trial procedure: indictable offence
- initial hearing at magistrates, establish D’s identity, decide on bail/ custody/legal aid
- sent to crown court
- arraign D (plea)
- set date
- identify issues for trial
- provide timetable for pre-trial prep and next steps
- make provision for further case management hearing
- indictment, formally sets out charges, may be more than originally charged with, each count seperate defence
What is disclosure by prosecution and defence?
- have to make certain points known before trial
pros - what evidence case is based on, undisclosed material
def - written statement with nature of defence, facts being disputed, points of law to be argued with authorities, alibis and witnesses
Where does the magistrates court appeal to?
- defence: crown court > administrative court (case stated) > supreme court
- prosecution: administrative court (case stated) > supreme court
Where does the crown court appeal to?
Court of appeal (criminal division) > supreme court
What are the grounds for appeal?
-misdirection of law or facts
- failure to refer to facts
- inappropriate judge comments or jury irregularity
- conviction is unsafe
What can the parties appeal?
- if pleaded guilty can only appeal sentence, can increase or decrease sentence but only up to powers of magistrates
- if pleaded not guilty can appeal both sentence and/or conviction
What are case stated appeals?
- available to both parties
- mistake on point of law
The facts are described, law decided and reapplied or sent to magistrates court to apply again