Criminal Courts Structure

Question 1

What is tribunal of fact?

Answer 1

The person or persons who make a decision as to disputed facts

Question 2

What is tribunal of law?

Answer 2

The person or persons who make a decision as to disputed point of law

Question 3

Who is the judge at Magistrates’?

Answer 3

• District Judge (Magistrates’ Court); or
• Deputy District Judge; or
• Two or three lay Magistrates (members of the public) and a legal adviser

Question 4

What is the mode of address at Magistrates’?

Answer 4

• “Judge”: District Judge or Deputy District Judge
• “Sir/Madam”: Lay Magistrates

Question 5

Who is the tribunal of fact at Magistrates?

Answer 5

The District judge or lay magistrates

Question 6

Who is the tribunal of law at Magistrates?

Answer 6

The District judge or lay magistrates

Question 7

Where are all adults first hearing in the criminal process?

Answer 7

All adults will have their first hearing before the Magistrate’s along with youths jointly charged with adults

Question 8

Which offences can a Magistrates trial?

Answer 8

• All summary only offences
• Either-way offences accepted by Magistrates and Defendant

Question 9

What is Magistrates sentencing power for imprisonment for summary only offences?

Answer 9

6 months (less if maximum is less)

Question 10

What is Magistrates sentencing power for imprisonment for either-way offences?

Answer 10

12 months

Question 11

What is the maximum fine Magistrates can impose?

Answer 11

Unlimited (or less if maximum penalty is lower)

Question 12

Can you appeal to the Magistrates?

Answer 12

The Magistrates Court has no criminal appellate arm

Question 13

What can the Crown hear from the Magistrates?

Answer 13

Appeals and committals for sentence from Magistrates

Question 14

Who is the judge at Crown Court?

Answer 14

• A Circuit Judge; or
• A High Court Judge; or
• A Recorder (a Barrister, Solicitor or judge of another lower / equal court, authorised to sit in Crown Court on part-time basis)

Question 15

What is the mode of address at Crown Court?

Answer 15

• “Your Honour” – a recorder and vast majority of Circuit Judges
• “My Lord/My Lady” – High Court Judge. Any judge sitting at Central Criminal Court (Old Bailey). A Circuit Judge who has been designated as Senior Circuit Judge and the Honorary Recorder of a place, e.g. the Recorder of Westminster.

Question 16

How many jury members? What is their role?

Answer 16

Jury 12 members of public. Decide whether D is guilty or not. No role in sentencing.

Question 17

Who is tribunal of fact in Crown Court?

Answer 17

At trial, the Jury

Question 18

Who is tribunal of law at Crown Court?

Answer 18

The judge

Question 19

Where is the first hearing of a Crown Court case?

Answer 19

D have first hearing in Magistrates’ or Youth Court

Question 20

When can Crown Court hear summary case?

Answer 20

Certain circumstances, Crown Court can take plea and/or sentence for summary where it is joined to indictable or either-way offence

Question 21

What are sentencing powers of Crown Court for imprisonment and fines?

Answer 21

• Imprisonment: Life or less where maximum is lower
• Fines: Unlimited or less where maximum is lower

Question 22

Which appeals can Crown Court hear?

Answer 22

Can hear appeals against sentence and conviction from Magistrates and Youth

Question 23

Who hears a Crown Court Appeal?

Answer 23

In appeals, Court is a Crown Court judge with two lay magistrates

Question 24

What is role of magistrates in appeal at Crown Court?

Answer 24

Judge advises lay magistrates on law, but have equal decision-making power
o Appeal is a re-hearing of a case
o D could receive more severe sentence on this appeal

Question 25

What is the role of the High Court?

Answer 25

* Limited jurisdiction in Criminal * Power to state a case or judicially review decisions of magistrates or youth court, or appeal at a Crown Court * The Administrative Court has no jurisdiction to judicially review matters relating to trial on indictment itself – but the court can consider matters not so related like an irrational failure to grant bail

Question 26

What is the role of the Court of Appeal (Criminal Division)? Is leave required?

Answer 26

* CoA hears appeal from Crown Court * Leave is required from court for case to be heard except in cases of contempt where appeal lies as of right

Question 27

Who is judge in CoA?

Answer 27

o Judges of Court of Appeal (usually) o High Court Judges (usually); or o Crown Court Judges authorised to sit in CoA (unable to sit on an appeal where trial was conducted in Crown Court by High Court judge)

Question 28

What is mode of address in CoA?

Answer 28

o “My Lord / My Lady”

Question 29

Is there a jury in CoA?

Answer 29

No

Question 30

Who is tribunal of fact and law in Coa?

Answer 30

* Tribunal of fact: The Judges * Tribunal of law: The Judges

Question 31

Where is first hearing of CoA?

Answer 31

First hearing: Court of Appeal is not a trial court, so there are no ‘first hearings’

Question 32

Does the CoA hear trials / new evidence?

Answer 32

The Court of Appeal does not hear trials but may in exceptional circumstance receive new evidence

Question 33

Does CoA pass sentences?

Answer 33

CoA does not pass sentence on D, however, can alter sentence on appeal

Question 34

What is power of CoA for appeals against sentence from the Crown Court?

Answer 34

- Appeals against sentence from Crown Court: Can dismiss / uphold / replace with anything on par or less - Can’t sentence higher than the Crown (unless application by Attorney General)

Question 35

What is power of CoA for appeals against conviction from the Crown Court?

Answer 35

- Can dismiss the appeal or uphold it an quash conviction - On application by prosecution, can order a retrial

Question 36

What is power of CoA for appeal against terminatory ruling?

Answer 36

- Where Crown makes ruling of law that brings proceeding to end, prosecution can appeal that ruling - CoA can dismiss appeal or reverse ruling of trial judge and remit matter back to Crown Court

Question 37

What is power of CoA for appeal against a ruling made at a preparatory hearing in a serious fraud case?

Answer 37

CoA can dismiss appeal or reverse the ruling of trial judge and remit matter back to Crown Court

Question 38

What is application by Attorney General for the CoA to increase sentence where it is unduly lenient? What is CoA power regarding this?

Answer 38

Only available for certain offences; CoA can dismiss appeal or increase sentence to any sentence that the Crown Court could have passed

Question 39

What is application by Attorney General on a point of law following an acquittal

Answer 39

Where person found not guilty, but Attorney General wishes for CoA to clarify the law, CoA can give their opinion but no effect on the acquittal of D

Question 40

Tell me about the Supreme Court

Answer 40

* Prosecution and D have right to appeal decision of CoA to Supreme Court * Leave required from CoA or Supreme Court to do so * Leave only granted on a point of law of general public importance * Supreme Court consists of Supreme Court Justices who are My Lord / My Lady