Criminal courts Flashcards

(16 cards)

1
Q

What jurisdiction does the magistrates court have?

A
  • initial arrest, search warrants, bail
  • summary offences and some either way offences
  • preliminary hearings
  • youth court excluding murder
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2
Q

What are the sentencing powers of a magistrates court?

A
  • maximum of 6 months prison per offence, max 12 months
  • fines
  • community service
  • conditional charge
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3
Q

What is the jurisdiction of the crown court?

A
  • only serious criminal cases
  • indictable or some either way offences
  • jury
  • appeals from mag
  • sentencing from mag due to lack of sentencing powers
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4
Q

What are the 3 types of offences?

A
  • Summary offences
  • either way offences
  • indictable offences
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5
Q

Summary offence

A
  • lowest offences
  • magistrates court
  • less onerous punishments
  • driving without insurance, taking a vehicle, common assault etc…
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6
Q

Either way offence

A
  • 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…
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7
Q

indictable offence

A
  • most serious
  • crown court and jury
  • murder, rape, manslaughter etc…
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8
Q

Pre-trial procedure: summary offence

A
  • 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
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9
Q

Pre-trial procedure: either way offence

A
  • 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
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10
Q

pre-trial procedure: indictable offence

A
  • 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
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11
Q

What is disclosure by prosecution and defence?

A
  • 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
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12
Q

Where does the magistrates court appeal to?

A
  • defence: crown court > administrative court (case stated) > supreme court
  • prosecution: administrative court (case stated) > supreme court
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13
Q

Where does the crown court appeal to?

A

Court of appeal (criminal division) > supreme court

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14
Q

What are the grounds for appeal?

A

-misdirection of law or facts
- failure to refer to facts
- inappropriate judge comments or jury irregularity
- conviction is unsafe

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15
Q

What can the parties appeal?

A
  • 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
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16
Q

What are case stated appeals?

A
  • 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