criminal courts

• what is criminal law part of?

  public law
• what do breaches in criminal law lead to?

  state prosecution
• what type of law can criminal offences be?

  statutory & common law
• what does the procedure following arrest depend on?

  the classification of the offence
• what is woolmington's golden thread?

  suspect is innocent until proven guilty
• what case is significant to woolmington?

  woolmington 1935 case
• explain woolmington case 


  -defendants wife left, he said he would kill himself if she didn't return while carrying a loaded shotgun under coat

  -she refused & gun accidentally went off & killed her
• what did the trial judge say the jury had to do within this case & in future?

  have to prove beyond reasonable doubt (so you're sure) D is guilty
• what did the judge say the defendant had to do in woolmington?

  show he was innocent
• what was the outcome for the defendant in woolmington?

  sentenced to death
• what then happened to the woolmington case?

  it was appealed and the HL held this was incorrect
• why did the HL say this was incorrect?

  because it's the prosecutions job to to prove the defendants guilt rather than defendant attempting to prove their innocence
• what 3 categories are criminal offences broken into?

  -summary offences

  -triable either way offences

  -indictable offences
• what courts are summary offences tried in?

  only magistrates
• what do summary offences deal with? give examples

  least serious offences

  e.g. assault, criminal damage, driving offences
• what is the max sentence for a summary offence?

  6 months imprisonment & / or unlimited fine
• what courts are triable either way offences tried in?

  magistrates or crown court
• what do triable either way offences deal with? give examples

  middle range offences

  e.g. theft, ABH (actual bodily harm)
• the sentence someone gets under a triable either way depends on?

  magistrate's decision about where to commit the offence to trial
• what courts are indictable offences tried in?

  only crown
• what do indictable offences deal with? give examples

  most serious offences

  e.g. murder, robbery, rape
• give examples of what sentencing options can be given for an indictable offence

  life in prison, community sentences etc
• STAGES FOR CRIMINAL CASES IN COURT:
• what is the first stage of a criminal offence?

  early administrative hearing
• what court do all criminal cases start in?

  magistrates
• who is the early administrative hearing dealt by?

  one lay magistrate or a court clerk
• what opportunities occur in the EA hearing?

  -D can apply for legal aid

  -A pre-sentence report to be requested

  -medical reports to be collected

  -decisions made about remanding in custody
• SUMMARY OFFENCES:
• what percentage of criminal cases are tried in mag's court?

  96%
• what do defendants undergo?

  a trail (if not a guilty plea) & sentencing
• what will cases most frequently be?

  adjourned (postponed)
• give 4 reasons for adjournment

  -allow time for additional info to be gathered

  -gives D time to seek legal advice

  -pre-sentence report can be created (when D pleads guilty)

  -allows time for witnesses to be brought into court (where D pleads not guilty)
• INDICTABLE OFFENCES:
• what hearing occurs first? in what court?

  early administrative hearing in mag's (legal aid & bail)
• what do all indictable offences then do?

  go to crown to complete additional pre-trial matters
• what then occurs?

  plea & pre-trial preparation hearings
• what was plea & trial prep hearings introduced after?

  criminal procedure rules 2005
• where is the plea & trial prep held?

  in open courts
• what will the D do?

  enter a plea (arraignment)
• what happens if D pleads guilty?

  proceed to sentence