criminal courts and appeals

Cards (88)

  • What are the names of the criminal courts?
    High Court, Court of Appeal, Crown Court
  • Which courts are considered 'domestic'?
    Magistrates’ Court and Crown Court
  • How can courts be categorized as 'of first instance' or 'appellate'?
    First instance courts hear cases initially, appellate courts review decisions
  • Which courts are classified as criminal?
    Crown Court and Magistrates’ Court
  • What is the maximum sentence for summary offences?
    6 months imprisonment and/or unlimited fine
  • What is the burden of proof in criminal cases?
    Beyond reasonable doubt
  • What does Woolmington's Golden Thread refer to?
    The prosecution's duty to prove guilt
  • What type of offences are summary offences?
    Least serious offences
  • What is the process for triable either way offences?
    They can be tried in either Magistrates’ or Crown Court
  • What are indictable offences?
    Most serious offences
  • What happens during the early administrative hearing?
    It is purely administrative and allows for legal aid applications
  • What is the significance of the plea and trial preparation hearings?
    They identify key issues before the trial
  • What is the role of the mode of trial hearing?
    To decide if the case is suitable for Magistrates’ or Crown Court
  • What is the average cost of a magistrates' court trial?
    £1,700
  • What is the conviction rate in magistrates' courts for 2019/20?
    68%
  • What is the role of the King’s Bench Division in appeals?
    To hear appeals on points of law
  • What is required for an appeal to the Supreme Court?
    Point of law of general public importance
  • What happens if a defendant pleads guilty in the Crown Court?
    They are sentenced in the Crown Court
  • What are the categories of criminal offences?
    • Summary Offences
    • Triable Either Way Offences
    • Indictable Offences
  • What are the stages of the criminal process for summary offences?
    1. Early Administrative Hearing
    2. Trial/Sentence
    3. Possible adjournments for various reasons
  • What are the stages of the criminal process for indictable offences?
    1. Early Administrative Hearing
    2. Plea and Trial Preparation Hearings
    3. Trial/Sentence in Crown Court
  • What are the stages of the criminal process for triable either way offences?
    1. Early Administrative Hearing
    2. Plea Before Venue
    3. Mode of Trial Hearing
    4. Trial/Sentence
  • What are the advantages and disadvantages of trial by Magistrates vs. trial by Jury?
    Advantages of trial by Magistrates:
    • Lower cost
    • Quicker process

    Disadvantages of trial by Magistrates:
    • Limited sentencing powers
    • Less formal

    Advantages of trial by Jury:
    • Trial by peers
    • More thorough deliberation

    Disadvantages of trial by Jury:
    • Higher cost
    • Longer process
  • What is the significance of plea bargaining in criminal law?
    • Negotiations between prosecution and defence
    • Can lead to reduced sentences
    • Not allowed in all cases
  • What are the implications of bad character evidence in trials?
    • Can influence jury perception
    • Arguments for and against its admissibility
  • What are some notable cases related to miscarriages of justice?
    • Birmingham 6
    • Victor Nealon
    • Barry George
    • Timothy Evans
    • Derek Bentley
    • Stephen Downing
    • Sally Clarke
  • What is the role of the Criminal Justice Act 2003 regarding disclosure?
    • Defence must disclose evidence to prosecution
    • Prosecution must disclose evidence undermining their case
  • What is the role of the Court of Appeal in criminal appeals?
    • Reviews convictions and sentences
    • Can quash or vary decisions
  • What is the process for appealing from the Crown Court to the Court of Appeal?
    • Defence can appeal conviction/sentence
    • Must file notice of appeal within specified time
  • What is the process for appealing from the Magistrates' Court to the Crown Court?
    • Case reheard by a judge and two magistrates
    • Automatic right to appeal within 21 days
  • What is the process for appealing from the Court of Appeal to the Supreme Court?
    • Requires permission
    • Must involve a point of law of general public importance
  • What is the significance of the Criminal Procedure Rules 2005?
    • Introduced plea and trial preparation hearings
    • Aimed to streamline the trial process
  • What is the role of the Attorney-General in criminal cases?
    • Can demand cases be heard in Crown Court
    • Involved in serious criminal prosecutions
  • What is the role of the Solicitor-General in criminal cases?
    • Assists the Attorney-General
    • Involved in legal advice and prosecutions
  • What are the two types of courts mentioned?
    First instance and appellate courts
  • Which court is known as the highest court?
    Supreme Court
  • What is the role of the High Court/Divisional Court?
    To hear appeals from lower courts
  • What is the significance of Woolmington’s Golden Thread?
    Prosecution must prove the defendant's guilt
  • What type of law does criminal law fall under?
    Public law
  • What are the two types of criminal offences?
    Statutory and common law offences