Criminal Courts + Appeals

• What are the names of the criminal courts mentioned?

  High Court/Divisional Court, Court of Appeal, Supreme Court, Crown Court, Magistrates’ Court, County Court
• Which courts are classified as 'domestic'?

  Magistrates’ Court and Crown Court
• How can the courts be categorized into 'of first instance' and 'appellate'?


  Magistrates’ Court and Crown Court are 'of first instance'; Court of Appeal and Supreme Court are 'appellate'
• Which courts are classified as criminal and which as civil?

  Crown Court and Magistrates’ Court are criminal; County Court is civil
• What is the burden of proof in criminal cases?


  Beyond reasonable doubt
• What is the significance of Woolmington's case in criminal law?


  It established that the prosecution has the burden to prove guilt beyond reasonable doubt
• What are the three categories of criminal offences?

  Summary Offences, Triable Either Way Offences, Indictable Offences
• What are Summary Offences?


  Least serious offences tried only in the Magistrates’ Court with a maximum sentence of 6 months imprisonment
• What are Triable Either Way Offences?


  Offences that can be tried in either the Magistrates’ or Crown Court, depending on the seriousness
• What are Indictable Offences?


  Most serious offences that must be tried in the Crown Court
• What happens during the Early Administrative Hearing?


  It is the first hearing in a Magistrates’ Court where legal aid can be applied for and bail decisions are made
• What percentage of criminal cases are tried in the Magistrates’ Courts?


  Approximately 96%
• What is the purpose of adjournments in summary offences?


  To gather additional information, allow legal advice, or bring witnesses to court
• What occurs during Plea and Trial Preparation Hearings?


  The defendant enters a plea, and if not guilty, key issues are identified for trial
• What is the Mode of Trial hearing for Triable Either Way Offences?


  It determines whether the case will be tried in the Magistrates’ or Crown Court based on various considerations
• What factors do Magistrates consider during the Mode of Trial hearing?


  Nature of the case, seriousness of the offence, and sentencing powers
• What happens if the Magistrates do not accept jurisdiction for a Triable Either Way offence?


  The defendant is sent to the Crown Court for trial
• What is the process for appeals from the Magistrates’ Court to the Crown Court?


  The case is reheard by a judge and two magistrates, with the defence having an automatic right to appeal
• What is the role of the King’s Bench Division in appeals?


  It hears appeals on points of law from the Magistrates’ and Crown Courts
• What is required for an appeal to the Supreme Court?


  Permission must be granted on a point of law of general public importance
• What is the process for appealing a conviction from the Crown Court to the Court of Appeal?


  The defence must lodge an appeal within 14 days of trial and file a notice of appeal within 28 days of conviction
• What can the Court of Appeal do regarding a conviction?


  It can quash, vary, or order a retrial
• What is the significance of the Criminal Justice Act 2003 regarding disclosure?


  It requires the defence to disclose all evidence to the prosecution
• What is plea bargaining in the context of criminal law?


  Negotiations between prosecution and defence regarding a plea
• What are the arguments for and against allowing bad character evidence in trials?


  Arguments include potential bias against the defendant versus the relevance of prior convictions
• Who were some individuals associated with miscarriages of justice?

  Birmingham 6, Victor Nealon, Barry George, Paul Blackburn, Timothy Evans, Derek Bentley, Stephen Downing, Sally Clarke
• What is the role of the Criminal Cases Review Commission (CCRC)?


  To review cases and refer them back to the Court of Appeal if new evidence is found
• What is the significance of the 'Golden Thread' in criminal law?


  It emphasizes the prosecution's duty to prove the defendant's guilt
• What are the key stages in the criminal court process?

  1. Early Administrative Hearing
  2. Summary Offences Trial
  3. Indictable Offences Hearing
  4. Plea and Trial Preparation Hearings
  5. Mode of Trial Hearing
  6. Appeals Process
• What are the advantages and disadvantages of trial by Magistrates versus trial by Jury?


  Advantages of Trial by Magistrates:

  • Quicker process
  • Lower costs

  
  

  Disadvantages of Trial by Magistrates:

  • Limited sentencing powers
  • Less formal

  
  

  Advantages of Trial by Jury:

  • Perceived fairness
  • Greater sentencing powers

  
  

  Disadvantages of Trial by Jury:

  • Longer process
  • Higher costs
• What are the differences between statutory and common law offences?


  • Statutory offences are created by legislation.
  • Common law offences are based on judicial decisions and precedents.
• What is the role of the prosecution in a criminal trial?


  • To prove the defendant's guilt beyond reasonable doubt.
  • To present evidence and arguments to support the case.
• What is the purpose of a pre-sentence report?


  • To provide the court with information about the defendant's background.
  • To assist in determining an appropriate sentence.
• What is the significance of the right to legal aid in criminal cases?


  • Ensures defendants have access to legal representation.
  • Helps maintain fairness in the judicial process.
• What are the implications of a guilty plea in a criminal trial?


  • The defendant may be sentenced immediately.
  • The defendant waives the right to a trial.
• What is the role of the jury in a criminal trial?


  • To determine the facts of the case.
  • To decide on the defendant's guilt or innocence based on the evidence presented.
• What are the potential outcomes of an appeal in a criminal case?


  • Conviction upheld
  • Conviction quashed
  • Retrial ordered
• What is the significance of the Criminal Procedure Rules 2005?


  • Introduced structured procedures for criminal trials.
  • Aimed to improve efficiency and fairness in the legal process.
• What is the role of the defence in a criminal trial?


  • To challenge the prosecution's case.
  • To present evidence and arguments in support of the defendant.
• What is the importance of the right to appeal in criminal cases?

  • Provides a mechanism for correcting errors in the judicial process.
  • Ensures fairness and justice for defendants.