Criminal Courts

• The 2 Criminal Courts of First Instance:

  1. Magistrates Court
  2. Crown Court
• Summary Offences

  1. Least Serious offences
  2. Trial in Magistrates Court
  3. Verdict decided by Magistrates
  4. D sentenced by Magistrates
• Indictable Offences

  1. Most serious offences
  2. Trial in the Crown Court
  3. Verdict decided by Jury
  4. D sentenced by Judge
• Triable either way Offences

  1. Not minor, but not serious offences
  2. Trial in either the Magistrates or the Crown

  • If in the Mags:
  • Verdict decided by Magistrates
  • D sentenced by Magistrates
  • If in the Crown:
  • Verdict decided by jury
  • D sentenced by Judge
• Procedure for Summary Offences

  • Initial hearing at the Magistrates Court (Preliminary Hearing)
  • D's identity and address confirmed by clerk
  • D enters a plea
  • If pleads guilty, immediately move to a sentencing hearing
  • Then Mags announce their sentence
  • If pleads not guilty, date set for trial.
• Procedure for Trial either way Offences

  • Initial hearing at the Magistrates Court (Plea before venue Hearing)
  • D's identity and address confirmed by clerk
  • D enters a plea
  • If pleads guilty, immediately move to a sentencing hearing
  • The Mags announce their sentence
  • or they can refer the case to the Crown Court
  • If pleads not guilty, mags perform Mode of Trial hearing to determine the court the trial will take place
• Procedure for Indictable Offences 


  • Initial hearing at the Magistrates Court (Early Administrative Hearing)
  • D's identity and address confirmed by clerk.
  • Mags decide on bail and legal aid
  • Plea and Trial Preparation Hearing
  • D usually enters a plea
  • If he pleads guilty, immediately move to a sentencing hearing
  • If he pleads not guilty, date set for trial and a timetable set for a Further Case Management Hearing
• Disclosure 


  In a Crown Court trial, both the prosecution and defence have to go through 'disclosure'.

  • Prosecution must disclose all evidence they plan to use.
  • Defence must provide a written statement that includes:
  • Particulars of the defence
  • Any disputed facts
  • Any legal issues to be argued
  • Alibis and Witnesses to support them
• Jurisdiction of the Crown Court

  • The Crown handles less than 3% of criminal cases in the UK as most are dealt with by the Magistrates
  • Only hears Indictable or Triable either way offences where the Mags decide they cant handle it themselves or the defendant chooses to have their trial there.
  • If D pleads guilty, a judge sentences them
  • If D pleads not guilty, a judge handles pre-trial procedure and sets a date for trial.
  • D then has trial in front of 12 members of the jury.
  • Judges can hear appeals from the Mags, alongside 2 Mags.
• 2 things a defendant can appeal against:

  1. Conviction
  2. Sentence
• Appeals from the Magistrates Court

  • Appeal heard by a Judge and 2 Mags in the Crown Court
  • Appealing conviction

  1. Uphold/Confirm
  2. Quash (remove)
  3. Vary (guilty of a lesser sentence)

  • Appealing sentence

  1. Uphold/Confirm
  2. Increase - ONLY BY MAX MAGS LIMIT
  3. Decrease
• Appeals from the Crown Court

  In order to appeal from the Crown, D must be granted "leave" by the CoA

  • Appeal heard by 3 Lord Justices of Appeal in the Court of Appeal
  • Appealing conviction

  1. Uphold/Confirm (no issues with Jury verdict)
  2. Quash (if unsafe = retrial)
  3. Vary (guilty of a lesser offence)

  E.g. R v Barry George

  • Appealing sentence

  1. Uphold/Confirm
  2. Decrease

  Cannot increase sentence because Crown Court has unlimited sentencing power

  
  

  E.g. R v Ryan Herbert, R v Mairead Philpott
• Appeals by the Prosecution

  • Appeal against acquittal
  • "Jury nobbling" = threats made to the jury
  • Request the acquittal be quashed and a retrial ordered
  • New and compelling evidence
  • E.g. Gary Dobson retried due to DNA testing of blood from 1993
  • Appeal against an "unduly lenient" sentence
  • Prosecution think D received a too lenient punishment
  • The Attorney General can ask CoA to increase sentence
  • E.g. James Yates' sentence increased from 7 years to 12.
• Case Stated Appeals 



  • When the prosecution and defence think the Mags or Judge got the law wrong
  • Heard by 3 Lord Justices in the King's Bench Division
  • Can be made from the Mags or Crown
  • Powers of the KBD:

  1. Confirm decision
  2. Reverse decision
  3. Make a ruling on the law and remit the case back to the court of first instance

  • If a party doesn't agree, final appeal takes place at the Supreme Court = they need "leave"
  • If the law is of public importance
  • E.g. John Platt "failing to secure a child's regular attendance" - appeal denied by Supreme Court.
• Initial hearing for Summary Offences

  A preliminary hearing
• Sentencing powers of the Mags

  6 months in prison for a Summary offence, or 12 months for 2.

  6 months in prison for a Triable either way offence.

  They can refer the case to the Crown for insufficient powers.
• Initial hearing for a Triable either way offence

  A plea before venue hearing
• Initial hearing for an Indictable offence

  An early administrative hearing
• Hearing where D enters a plea

  A plea hearing
• Appeals from the Magistrates Court

  • against conviction
  • against sentence
• Appeals from the Crown Court

  • against conviction
  • against sentence
  • D must be granted leave
• Appeals by the Prosecution

  • against acquittal
  • against unduly lenient sentence
• Case stated Appeals

  • both defence and prosecution
  • when the judge got the law wrong
  • heard in the KBD
• Powers of the KBD

  1. Confirm decision
  2. Reverse decision
  3. Make a ruling on the law and remit the case back to original court
• Appeals to the Supreme Court

  • from the KBD
  • D must be granted leave
  • only if of public importance
• Appealing conviction in the Crown

  1. Uphold decision
  2. Quash decision
  3. Vary
• Appealing sentence in the Crown

  1. Uphold decision
  2. Increase
  3. Decrease
• Appealing conviction in the Appeal

  1. Uphold decision
  2. Quash decision
  3. Vary
• Appealing sentence in the Appeal

  1. Uphold decision
  2. Decrease
• Barry George v R [2007]

  • Appeal against conviction
  • Court of Appeal
  • Conviction Quashed
• The KBD


  Hears Case Stated Appeals.

  Sits alongside court heirarchy

  Only concerned with how the law is interpreted
• R v Ryan Herbert [2009]

  • Appeal against sentence
  • Court of Appeal
  • Sentence decreased
• R v Mairead Philpott [2013]

  • Appealed against sentence
  • Court of Appeal
  • Sentence upheld