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Chapter 11: Criminal Courts (11.1 Classification of Offences (11.1.1…
Chapter 11: Criminal Courts
11.1 Classification of Offences
11.1.1 Summary offences
An offence that can only be tried in the Magistrates' Court.
Least serious offences such as all driving offences and can include common assault and criminal damage that has caused less than £5000 damage.
11.1.2 Triable-either-way offences
An offence that can be tried either way In the Magistrates' Court or the Crown Court.
Include theft and assault causing actual bodily harm. For these offences if the defendant is pleading guilty then it is heard in the Magistrates' Court if not the defendant has the right for his case to be heard by a jury In the Crown Court.
11.1.3 Indictable offences
An offence that has to be tried at the Crown Court
Most serious crimes and these include murder, manslaughter and rape. There would be a preliminary hearing in the Magistrates' Court and then the case is transferred to the Crown Court.
11.2 Magistrates' Courts
11.2.1 Jurisdiction of the Magistrates' Courts
Jurisdiction - power/authority
Try all summary cases
Try any triable-eiher-way offences in which the Magistrates are prepared to accept jurisdiction and where the defendant agrees to summary trial by the magistrates.
Deal with preliminary hearings for cases:
That are going to be tried in the Crown Court.
Of all indictable offences.
Deal with all side matters connected to criminal cases - warrants for arrest and bail applications.
Try cases in the Youth Court.
The maximum sentence for this court is 6 months prison sentence. They can also impose any fine and can hand out community orders.
11.3 Appeals from the Magistrates' Court
11.3.1 Appeals to the Crown Court
Normal route of Appeal from the Magistrates' Court. This is only available to the defence. If the defendant pleaded guilty then he can only appeal against his sentence. However if the defendant had pleaded not guilty and was found to be guilty then he could appeal his conviction and his sentence.
11.3.2 Case stated appeals
This is an appeal on a point of law that goes to the administrative court, both prosecution and defence can use this route. This appeal can be made straight from the Magistrates' Court or Crown Court.
Route used by the defendant against a conviction or by the prosecution against an acquittal or in a situation where they believe the magistrates came to the wrong decision because they made a mistake about the law.
11.3.3 Further appeals to the Supreme Court
From the decision of the Queen's Bench Divisional Court there is a possibility of a further appeal to the Supreme Court. This appeal can only be made if:
The Divisional Court certifies that a point of law of general public importance is involved.
The Divisional Court or the Supreme Court gives permission to appeal because the point is one which ought to be considered by the Supreme Court.
11.4 The Crown Court
They deal with:
Triable-either-way offences where the defendant had elected to be tried in the Crown Court, or where the magistrates have decided that the case is too serious for them and sent it to the crown court.
All indictable offences
Appeals from the Magistrates' Court.
A case is heard by 1 judge and a jury of 12, the judge decides the law and if the defendant is found guilty will decide the appropriate sentence.
The jury decides based on the facts given whether the defendant is guilty or not.
11.5 Appeals from the Crown Court
11.5.1 Appeals by the defendant
Leave to Appeal
In all cases the defendant must get leave to appeal form the court of appeal or a certificate that the case is fit for appeal from the trial judge.
Ground for appeal
The Criminal Appeal Act 1995
Shall allow an appeal against conviction is they think that the conviction is unsafe.
and shall dismiss such an appeal in any other case.
If the Court of Appeal decide that the conviction is unsafe then they can allow the defendants appeal and they can quash the conviction. However they can find the defendant guilty of a lesser offence than what the jury convicted him of.
If the appeal is against the sentence, the court can decrease the conviction but cannot make it longer.
The court can also order a retrial.
11.5.2 Appeals by the prosecution
Against the judge's ruling
If the trial judge gives a ruling on a point of law which effectively stops the case against the defendant, the prosecution now have the right to appeal against that ruling.
Against aquittal
Where the acquittal was the result of the jury being 'nobbled'. this is where one or more jurors have been bribed or threatened by associates of the defendant.
Where there is new compelling evidence of the acquitted persons guilt and it is in the publics interest for the defendant to be retried.
Referring a point of law
where the judge may have made an error in explaining the law to the jury. The prosectution have the right to refer a point of law to the Court of Appeal if the defendant is aquitted.
Against sentence
Under s36 of the Criminal Justice Act 1988 the attorney general can apply for leave to refer an unduly lenient sentence to the Court of Appeal for re-sentencing.
11.5.3 Further appeals to the Supreme Court
Both the prosecution and the defence may appeal form the Court of Appeal if its necessary to have the case certified involving a point of law of general public importance and to get permission to appeal.