criminal courts and appeals

• Criminal courts and appeals 

  8 marker 

  • Offences:

  Summary 

  (least serious)

  Magistrates 

  Court

  • Driving without insurance
  •  Common assault

  Triable either way 

  (midway)

  Magistrates

  Court

         Or

  Crown Court

  • Theft
  • ABH

  Indictable

  (most serious)

  Crown Court

  • Murder
  • Manslaughter
  • GBH with intent
• Powers of the Magistrates Court:

  • All summary offences and most either way offences
  • Mode of trial hearings for indictable offences (deciding which court case will be heard in)
  • Sending for trial hearing in indictable cases
  • Youth court cases for D’s ages 10-17 (unless more serious cases like murder and rape)
  • Issuing arrest and search warrants
  • Deciding bail 

  Can sentence up to 6 months in prison, and £5,000 fines. 
• Powers of Crown Court:

  • Indictable offences and some either way - tried by a single judge and jury 
  • Appear at magistrates court for first hearing then transferred to crown court cuz magistrates don't have jurisdiction
• TEW offences process:

  • Early administrative hearing includes bail and legal aid (government pays legal fees, more available for indictable offences)
  • Plea before venue: Defendant pleads guilty or not guilty
  • If pleads guilty:
  • Magistrates hear facts and decide if their sentencing powers are sufficient
  • If sufficient, they will sentence
  • If not, they will send to Crown Court for sentencing
  • If plead not guilty:
  • Mode of trial hearing: Magistrates decide whether to accept jurisdiction
  • If they accept jurisdiction:
  • Defendant elects place of trial (Chooses Magistrates’ Courts for trial held there, Chooses Crown Court for trial held there)
  • If they refuse jurisdiction:
  • Sent to Crown Court for trial
• In Magistrates' courts, defence appeals to the Crown can be made against conviction (if they've pleaded not guilty) or against verdict/conviction, sentence, or both
• In the Crown court, the whole case is reheard by a judge and two magistrates
• When appealing against conviction, the Crown court can confirm, vary, or acquit; when appealing against sentence, they can confirm, increase (up to magistrates max), or decrease the sentence
• Alternatively, a case stated appeal at the King’s Bench Divisional Court can be made against conviction on a point of law
• Both defence and prosecution can go from Magistrates' courts to the Crown court to the King's Bench Division
• From the King's Bench Division, both parties can further appeal to the Supreme Court, but it must be on a point of law of general public importance, with permission (leave) granted by the Supreme Court or KBD, although this is rarely used
• In Crown court, defence can appeal to the Court of Appeal against their conviction (if unsafe) and/or against their sentence
• To appeal, permission from a Court of Appeal judge is required, and the frequency of granting permission is not high
• The Court of Appeal can either disallow or allow the appeal, and based on the decision, they can quash the conviction, order a retrial, decrease the sentence, or vary the conviction to a lesser offence, but they CANNOT increase the sentence
• Prosecution can appeal to the Court of Appeal to quash an acquittal on the grounds of new compelling evidence, leading to a retrial being ordered (Criminal Justice Act 2003)
• Both defence and prosecution have the right to appeal from the Crown Court or Court of Appeal to the Supreme Court, but it must involve a point of law of public importance, and leave/permission must be given to appeal from the Court of Appeal or Supreme Court