criminal courts, procedures and appeals PAPER 1 SEC A

Question 1

what are the 2 criminal courts

Answer 1

magistrates court(less serious offences)
crown court(more serious offences)

Question 2

what are the 3 classification of offence

Answer 2

summary
triable either way
indictable

Question 3

which court hears summary offences and give examples of the crimes

Answer 3

magistartes
assault, battery speeding

Question 4

which court hears triable either way offences and give examples of the crime

Answer 4

magistrates or crown court
s47 s20 theft

Question 5

which court hears indictable offences and give examples of the crime

Answer 5

crown court
s18 murder

Question 6

who decides the verdict in summary offence cases and who sentences D

Answer 6

3 magistrates decide verdict
magistrates sentence D

Question 7

who decides the verdict in triable either way offences and who sentences D

Answer 7

magistrates or crown court
magistrates or jury decides the verdict
magistrates or judge sentences D

Question 8

who decides the verdict in indictable offences and who sentences D

Answer 8

jury decides the verdict
judge sentences D

Question 9

what are appeals

Answer 9

this is an attempt to overturn the decision by the defence when they are unhappy with the decision reached by the magistrates court

Question 10

what are the 2 main thing a defendant can appeal against

Answer 10

can appeal against the conviction (guilty verdict)
can appeal against sentence(the punishment)

Question 11

who deals with the 2 types of appeal

Answer 11

the crown court

Question 12

who hears the appeal against conviction from the magistrates court

Answer 12

1 judge and 2 magistrates

Question 13

what can they do to an appeal against conviction

Answer 13

uphold it
quash it
vary it

Question 14

who hears the appeal against sentence from the magistrates court

Answer 14

1 judge and 2 magistrates

Question 15

what can they do to an appeal against sentence

Answer 15

uphold it
decrease it
increase it ( there is a limitation)

Question 16

what is the limit when increasing a sentence

Answer 16

magistrates can only increase sentence by 6 months

Question 17

what are the 2 main things D can appeal against in the crown court

Answer 17

appeal against conviction
appeal against sentence

Question 18

in order to appeal from the crown court D must apply for and be granted leave
what does this mean?

Answer 18

to be given permission by one judge in court of appeal

Question 19

in the court of appeal who hears the appeals against conviction

Answer 19

3 judges( lord justice of appeal )

Question 20

in crown court what can the court of appeal do to Ds conviction

Answer 20

uphold it
quash it
vary it

Question 21

what is the case example for appeal against conviction from the crown court

Answer 21

R v George

Question 22

who in the court of appeal hears an appeal against sentence

Answer 22

3 judges( lord justice of appeal )

Question 23

in the court of appeal what can the court do against a sentence and what can they not do to Ds sentence

Answer 23

uphold it
decrease it
they cannot increase it

Question 24

what is the case example for appeal against sentence in the crown court

Answer 24

R v Herbert
R v Philpott

Question 25

what is a case stated appeal and what does it suggest

Answer 25

that the law has been misapplied or misinterpreted

Question 26

which court hears case stated appeals

Answer 26

kings bench divisional court

Question 27

from which courts can case stated appeals be made from

Answer 27

magistrates or crown court

Question 28

what powers does the kings bench division have

Answer 28

confirm reverse vary remit

Question 29

if a party does not agree with the decision made by the kings bench division then who is left to appeal to

Answer 29

the supreme court

Question 30

what is the case examples for case stated appeals

Answer 30

Platt v Isle of wight