PUBLIC L4 - Courts & Tribunals - THE CRIMINAL COURTS

Question 1

Definition of criminal law. (1)

Answer 1

The law which concerns the relationship between the individual and the State.

Question 2

What is the immediate objective of the criminal law and what are the wider objectives? (3)

Answer 2

The immediate is to allow the State to punish people who have committed offences against society. In a wider sense, to establish standards of behaviour appropriate for a peaceful and productive society and to provide a deterrent against those who may breach these.

Question 3

What is the standard of proof and who bears it? (2)

Answer 3

It is beyond reasonable doubt and the prosecution bears the burden of proof in criminal proceedings.

Question 4

Who initiates criminal proceedings?(1)

Answer 4

The prosecution, usually the CPS (Criminal Prosecution Services) but can also be started by other governmental agencies.

Question 5

What happens if a defendant pleads guilty / not guilty in criminal proceedings? (2)

Answer 5

If pleads guilty - the court will go straight to sentencing. If pleads not guilty - the case will go to trial.

Question 6

Can a defendant who has pleaded guilty appeal the conviction? (1)

Answer 6

No as they are treat as convicted. They can apply to vacate their plea if they change their mind.

Question 7

Who does the magistrates’ courts try? (2)

Answer 7

All summary criminal convictions ( minor offences ) and some triable either way offences ( mid-range offences ) .

Question 8

What powers do the magistrates have? (2)

Answer 8

The power to impose an unlimited fine and/or impose a maximum prison sentence of 12 months for a single offence.

Question 9

When may the magistrates’ commit the defendant to the Crown Court for sentence or trial? (2)

Answer 9

If the magistrate does not dispose of the case due to not having the power to give a higher sentence. If it is triable either way and the Crown Court is more suitable.

Question 10

What is the role of the Crown Court? (3)

Answer 10

The senior court of first instance in criminal law. It will hear ‘indictable only’ offences, which start in magistrates where bail or reporting restrictions are decided before being passed to the Crown Court.

Question 11

Do the Crown Court trials involve a jury? (1)

Answer 11

Almost all.

Question 12

What happens if a defendant appeals to the Crown Court against conviction? (4)

Answer 12

It will be heard ‘de novo’ afresh. It takes place before a Crown Court judge and flanked by two magistrates. The prosecution cannot appeal. There is the risk that the Crown Court may extend the sentence if the appeal is unsuccessful.

Question 13

What is an appeal ‘by way of case stated’? (2)

Answer 13

When the prosecution or defence consider the magistrates’ decision to be legally flawed and may appeal to the Administrative Court. This is a specialist court within the King’s Bench Division of the High Court.

Question 14

Who can appeal from the Crown Court to the Court of Appeal and for what circumstances? (2)

Answer 14

A defendant or prosecution. For sentencing/conviction or ‘quashing the acquittal of anyone found guilty of a ‘serious offence’ and an ‘unduly lenient’ sentence imposed by the Crown Court.

Question 15

When will the Court of Appeal quash a criminal conviction of the Crown Court? (4)

Answer 15

If they are satisfied that the conviction is ‘unsafe’. Common arguments relate to new evidence, errors that occurred during the trial process or misdirection of law by the trial judge.

Question 16

What do criminal tribunals have to follow? (3)

Answer 16

The ‘sentencing guidelines’. These are produced by the sentencing council, with the aim of promoting consistency in sentencing.

Question 17

What are the key grounds for appealing against sentence? (4)

Answer 17

The sentence is not justified by law. It is based on the incorrect version of evidence. The judge took irrelevant matters into account when sentencing. The judge misapplied or failed to give sufficient weight to the sentencing guidelines.

Question 18

When can the defendant or prosecution apply for permission to appeal to the Supreme Court from the Court of Appeal? (1)

Answer 18

It will only be heard if it is certified as being on a ‘point of law of general importance’.

Question 19

What is the name of the final appeal court for UK overseas territories, crown dependencies and the commonwealth? (2)

Answer 19

The Judicial Committee of the Privy Council, made up of the same justices that sit in the Supreme Court.

Question 20

What do the Privy council do? (3)

Answer 20

They ‘humbly advises His Majesty’ the advice is never refused and the council hears both civil and criminal matter.

Question 21

What is the role of the Criminal cases review commission? (4)

Answer 21

It is a statutory body responsible for reviewing ‘alleged miscarriages of justice in the UK’. It can send back a case to the Coa or Crown court and if decision was made in the magistrates’ there is a real possibility the court will overturn the conviction or sentence.

Question 22

When would a rehearing take place before the criminal cases review commission? (2)

Answer 22

‘New evidence or a new legal argument that makes the case look significantly different’ needs to be identified. In rare circumstances there may be no new evidence or argument.

Question 23

What are the criminal remedies? (5)

Answer 23

Punitive action e.g. fines, imprisonment, rehabilitation and retribution.