Criminal Courts And Appeals

Question 1

What are the two criminal courts?

Answer 1

-Crown
-Magistrates

Question 2

What is the burden of proof for criminal cases?

Answer 2

-Prosecution have to prove beyond reasonable doubt

Question 3

What is the form of the trial?

Answer 3

-Adversarial (parties in a dispute have responsibility of finding and presenting evidence)
-P and D present cases an cross examine witnesses

Question 4

What is the role of a judge or magistrate?

Answer 4

-Referee
-oversee trial and make sure legal rules followed
-can’t investigate case or add witnesses

Question 5

Who is guilt determined by?

Answer 5

District judge or lay magistrate in magistrates court
Jury in the crown court

Question 6

Jurisdiction of the magistrates court

Answer 6

-Around 160 MC, 97% cases
-all summary
-any TEW that can be dealt with in MC
-First hearing of all indictable cases, sent to CC
-preliminary matters, eg warrants for arrest and bail
-try cases in youth court

Question 7

Jurisdiction of CC

Answer 7

-84 locations
-all indictable
-any TEW that are sent from MC
-Judge sits alone to hear pre-trial matters and if plead guilty
-if plead NG then jury used to decide the verdict
-judge controls court, rules relevant issues of law, directs jury on law, impose sentence

Question 8

What is the prosecution

Answer 8

-CPS, who advise the police on what offence
-lawyers work for CPS, direct police on evidence needed
-they present the case and try to prove guilty beyond reasonable doubt

Question 9

Defence / defendant

Answer 9

-person charged with offence
-them and lawyer don’t have to disprove but case suff doubt on it

Question 10

Summary offences

Answer 10

-least serious
-eg driving when disqualified, common assault, drunk and disorderly, theft from shop less than £200
-tried in MC
-levels
-L1: max fine £200
-L2: max £500
-L3: max 1000
L4: £2500
-L5: unlimited

Question 11

Triable either way offences

Answer 11

-Mag or crown
-if mag then procedure same for summary
-only diff is if they plead or found G then can send to CC for sentencing (only if they can’t impose adequate sentencing)
-if tried in CC then same as indictable. If G then judge can impose any sentence up to max for that offence
-eg assault occasioning ABH, theft of property over £200

Question 12

Indictable

Answer 12

-Most serious
-only CC
-First preliminary to establish D;s identity in MC
-If plead NG then jury decide
-If plead Guilty then impose sentence
-impose any sentence up to the max
-murder, manslaughter, rape, robbery

Question 13

Court procedures for summary

Answer 13

-mag court
-Preliminary hearing/first appearance: apps for bail and legal aid or rep by duty solicitor
-Plea: G or NG
-Possible to be dealt with at first appearance but often adjourn
-Mag’s want pre-sentence reports on D pleading G before sentence
-If plead NG adjourn as witnesses brought
-points to decide on adjournment is if remanded on bail or custody
-before trial, pre trial review =meeting where judge considers issues before the timetable for the trial/final hearing date finalised

Question 14

Court process for indictable

Answer 14

-CC
-Early administrative hearing at Mag: if D wants to apply for public funding via legal aid and deal with bail
-In CC plea and case management hearing
-if G then sentence
-If NG then pre-trial review, P and D inform court of any issues with case eg conflicting witness statements
-pre trial matters dealt with by judge at trial
-trial by judge and jury

Question 15

Court process for TEW

Answer 15

-Mag or CC
-Please before venue hearing: opt for summary or remit to CC. Asked if G or NG
-Plea before venue: only TEW. If G then can’t ask for CC. But Mag may decide to send there for sentence
-Mode of trial: If NG then carry out mode of trial to see where held. Decide if jurisdiction (nature and seriousness, powers of punishment, p&d rep) if involves complex law then sent to CC
-Magistrates court act 1980
-Df’s election: if mag accept jurisdiction, D can choose right to trial by jury or agree to course by magistrate. If G then M can send to CC if powers insuff.

Question 16

Reasons for trial by jury

Answer 16

• more likely to be acquitted
  -if held in custody awaiting trial, serve part of sentence in prison
  -D more likely to get legal aid
  -lawyer more experienced

Question 17

Reasons against trial in CC

Answer 17

-Longer wait before case dealt with
-judge greater sentencing powers

Question 18

What are the two routes of appeal from the magistrates court?

Answer 18

-Appeals to the crown court
-Case stated appeals

Question 19

Appeals from MC to CC

Answer 19

-only available to defence
-normal route of appeal
-only against sentence if pleaded guilty. Confirm or increase or decrease (only inc up to max for M’s)
-against conviction and sentence if not guilty plea. Reheard by judge and 2 mag. Confirm/vary conviction and or sentence or find guilty of lesser offence

Question 20

Case stated appeals

Answer 20

-Point of law, go to QBD DC from MC or from appeal to cc
-P & D
-MC/CC asked to state case, setting out findings of fact and decision. Appeal on basis of what law is on those facts, no witness, panel of 2/3 judges
-mag came to wrong decision bc made a mistake about law. DC can confirm vary or reverse or send back to M to implement decision on law
-less than 100 a year
-poss to further appeal to SC

Question 21

Case for further appeal from DC to SC

Answer 21

-C v DPP
-13 yr old boy conv in MC for interfering w motorbike w intent to theft or to take and drive away w/o consent
-concerned crim responsibility of children 10-14. Before this, only be convicted if P proved he knew what was doing was wrong
-DC held children more mature and rule not needed
-further appealed, SC overruled DC, law was still that children of this age didn’t know they were doing wrong. Not necessary intention. Original confirmed.

Question 22

What are the 4 routes of appeal from the CC by the dft to the COA

Answer 22

1. Leave to appeal
2. Grounds for appeal
3. New evidence
4. Court of appeals power

Question 23

Leave to appeal

Answer 23

-Criminal appeal act 1995 - D must get leave to appeal (permission) by a judge from COA. Filter out cases w/o merit. If fail can appeal to whole COA

Question 24

Grounds for appeal

Answer 24

-Criminal appeal act 1995 states COA
-allow appeal against conv if think unsafe
-dismiss appeals in any other case

Question 25

New evidence

Answer 25

D can apply to introduce new evidence
-must appear to be capable of belief and afford ground for appeal
-considered if admissible a the try and why it was not produced

Question 26

COA power

Answer 26

-Allow D’s appeal and quash
-vary conviction to less offence and/or
-decrease (not inc) any sentence
-dismiss appeal
-order that there should be a retrial

Question 27

Appeals from the CC by the prosecution to the QBD or COA

Answer 27

1. Against judges ruling
2. Against acquittal
3. Referring a point of law
4. Against sentence

Question 28

Against judges ruling

Answer 28

-P can appeal against ruling on POL which stops case (CJA 2003)
-Makes sure error of judge doesn’t lead to acquittal

Question 29

Against acquittal

Answer 29

1. Where acquittal due to jury being nobbled (jury bribed or threatened)
2. New or compelling evidence of guilt, and in public interest (CJA 2003) only for 30 serious offences - double jeopardy. DPP has to consent to reopening of investigations - ann ming, Stephen Lawrence, Michael weir

Question 30

Referring a POL

Answer 30

-After acquittal s36 CJA 1972, AG can refer POL to COA to get ruling
-decision by COA doesn’t affect acquittal but precedent for future
-if judge made error on explaining law to jury

Question 31

Against sentence

Answer 31

S36 CJA 1988, AG can apply for leave to refer unduly lenient sentence to COA
-cases brought to AG by CPS, public can also contact AG’s office

Question 32

Further appeals

Answer 32

-P and D can appeal from COA to SC but need to have point of law of general public importance and leave to appeal from SC or COA
-only against conv or acquittal
-less than 20 a year