criminal courts and procedure

Question 1

what are the three types of offences

Answer 1

summary
triable either way
inditable

Question 2

where is a summary offence heard

Answer 2

magistrates court

Question 3

where can a triable either way offence be heard

Answer 3

magistrates clue or crown court

Question 4

where is an inditable offence heard

Answer 4

crown court

Question 5

what’s a summary offence

Answer 5

low leval offence eg speeding assault or battery
often just fines

Question 6

what’s an inditable offence

Answer 6

the most serious offences
eg murder rape treason

Question 7

what’s a triable either way offence

Answer 7

middle offence with varying seriousness
eg abh fraud criminal damage

Question 8

what are the courts of the first instance

Answer 8

magistrates court
crown court

Question 9

what are the appellate courts

Answer 9

high court
court of appeal
supreme court

Question 10

what act changed police charging abilities

Answer 10

prosecution of offences act 1985

Question 11

what’s the cps

Answer 11

crown prosecution service

Question 12

what does the cps do

Answer 12

advise on charge
say if more evidence is needed
determine if the case will be prosecuted using full code test

Question 13

what are the two stages of the full code test

Answer 13

evidential
public intrest

Question 14

what’s the public interest stage of the cps full code test

Answer 14

is it in the interest of the public to prosecute

Question 15

what’s the evidential stage of the cps full code test

Answer 15

is there sufficient evidence for realistic prospect of conviction

Question 16

what court do all cases start in

Answer 16

magistrates court

Question 17

if the d commits a triable either way offence how do they decide what court they’re going to

Answer 17

magistrates can choose to pass on a case if they believe it’s too serious, complicated or outside their sentencing powers
or d can chose

Question 18

what is the first thing asked in a trial

Answer 18

d plea

Question 19

if d plead guilty what happenes

Answer 19

either the magistrate or judge sentences them

Question 20

if d pleas not guilty what will happen

Answer 20

the trial will take place
the magistrates or jury will decide if the d is guilty

Question 21

what happens if the magistrates/jury find the d guilty

Answer 21

the judge or magistrates will sentence d

Question 22

what is the order of appeals from the magistrates court

Answer 22

crown court
high court/kbd
supreme court

Question 23

what’s the order of appeals from the crown court

Answer 23

court of appeals
crown court

Question 24

if a case appeals from magistrates court what can the crown court judge do

Answer 24

uphold conviction
quash conviction
change to a less or greater charge
reduce or increase sentence

Question 25

how many days does the d have to appeal from magistrates court

Answer 25

21 days after sentencing

Question 26

what must happen before can appeal from crown court

Answer 26

d must have permission from kbd/court of appeals

Question 27

what can the kbd do

Answer 27

reverse, affirm or amend decision
send case back to magistrates court to be retried

Question 28

what’s the conditions on appealing to supreme court

Answer 28

must be on a point of law
must be in general public interest
must have permission

Question 29

what’s an unsafe conviction

Answer 29

either a problem with evedence
eg not collected properly
or a problem with procedure
eg jury problem

Question 30

how much time does the d have to appeal from a case originally heard in crown court

Answer 30

6 weeks from conviction
28 days from sentencing

Question 31

what can the court of appeals do

Answer 31

quash conviction
give d a lesser offence eg manslaughter instead of murder
order a retrial in the interests of justice
dismiss apeal

Question 32

what are the conditions for appealing from crown court

Answer 32

jury tampering
on a point of law
unduly leanient
new and compelling evidence comes up (only in serious cases)