Criminal law

Cards (5)

  • Recorders, Circuit and High Court judges can hear criminal trials in the Crown Court.  District judges are used in the Magistrates court but this is rare.  
  • Pre-trial, judges deal with case management to ensure the case moves quickly, such as setting timetables for preparation of the case, arranging witness requirements.  judges may hear bail applications for murder cases.   During the case, the judge will first have to explain the role of the jury to them.  They will listen to the evidence on both sides and rule on any legal matters during the case.
    • Once the trial has concluded, the judge will then sum up the law for the jury to make their decision.  In complex cases, they may even provide written instructions. 
    • If the jury reaches a guilty verdict, the judge must accept this and then has to sentence the offender. 
  • Appeals
    Superior judges can hear appeals from the criminal courts.  They will firstly decide whether leave to appeal should be granted, which requires the individual to establish grounds to appeal. Hearing the appeal judges will review a point of law, or a decision made by the judge/s below.  Judges may decide to reverse the decision, confirm it or vary it
  • Appeals (2)
    Sentences can possibly be increased or decreased. Superior judges in the Supreme Court, CoA and High Court may set precedent and clarify the law. Judges may sit alone as in the High Court, or as a panel as in the CoA or Supreme Court.