L1-3 Pre-trial Procedure & Appeals

Question 1

Act that tells magistrates what they must consider before accepting jurisdiction over a TEW

Answer 1

s.19 Magistrates Act 1980
- nature & seriousness of the case
- their powers to punish
- representations by prosecution and defence

Question 2

Pre-trial procedure TEW - Guilty

Answer 2

Magistrates hear the facts of the case and decide if they have sufficient sentencing powers
- if they do they sentence
- if not they send to crown court for sentencing

Question 3

Pre-trial procedure - Not guilty

Answer 3

Rejects Jurisdiction - sends to crown court for trial
Accepts Jurisdiction - D decides where they want to be tried

Question 4

Advantages of the Crown Court

Answer 4

Jury - Jury sympathy
Higher Acquittal Rate
Barrister
Legal Aid

Question 5

Disadvantages of Crown Court

Answer 5

Lack of understanding
Higher sentencing powers
Press Gallery
Delays and length of trial
Costs are higher

Question 6

Magistrates Court - First Instance

Answer 6

All trails start at the Magistrates
Decides bail and legal aid

Question 7

Appeals from Magistrates - Prosecution

Answer 7

• Appeal on point of law to Kings Bench only considers law and is not a retrial

Question 8

Appeals from Crown Court - Prosecution

Answer 8

s.76 CJA 2003 - New evidence
Can only appeal a number of serious cases if it’s in the public interest and with the written consent of the DPP.
Criminal Procedure and Investigations Act 1996 - Nobbling

Question 9

Appeals from Magistrates - Defence against sentence

Answer 9

s.108 Magistrates Court Act
- Crown Court can increase or decrease the sentence in line with the magistrates sentencing power.

Question 9

Appeals from Magistrates - Defence against sentence

Answer 9

s.108 Magistrates Court Act 1980
- Crown Court can decrease the sentence in line with the magistrates sentencing power.

Question 10

Appeals from Magistrates - Defence against conviction

Answer 10

s.108 Magistrates Court Act 1980
- Crown Court Judge will rehear case with 2 magistrates and have the option to CONFIRM, QUASH, FIND D GUILTY OF A LESSER OFFENCE or ORDER A RETRIAL (CJA 2003)

Question 11

Under what precedent can a defendant appeal to the Supreme Court

Answer 11

D v PP 1995§

Question 12

Appeals by D from Crown Court to….

Answer 12

Can apply for leave to appeal to Court of Appeal if new evidence or conviction unsafe or subject to procedural irregularity

Question 13

Under what act are appeals from Crown Court to COA

Answer 13

Criminal Appeals Act 1995

Question 14

5 circumstances P can appeal from crown to COA

Answer 14

Point of Law - CJA 1972
Against sentence - CJA 1998
Judges Ruling - CJA 2003
nobbling - Criminal Procedure and Investigations Act 1996
New evidence only serious cases - CJA 2003 s.76