Criminal Process and Criminal Appeals

Categories of Offence

Summary: Least serious and only tried in the magistrates court, e.g. assault and or battery.

Indictable: Most serious and must be tried in the crown court, e.g. murder

Triable either-way: "In the middle" cases and tried in either the magistrates or crown court, e.g. theft.

Courts Jurisdiction

Magistrates

Try all summary cases

Try some triable either-way cases. Must be accepted by jurisdiction and the defendant.

Accounts for around 97% of all criminal cases.

Deal with preliminary hearings for both triable either way offences and indictable offences.

Can impose a max 6 month sentence or a 5k fine.

Crown Court

Deal with all indictable offences and also appeals from the magistrates court.

Court Process

Summary

All aspects are dealt within the magistrates court.

Indictable

Transferred to the crown court after the preliminary hearing in the magistrates.

Triable either-way

Plea before venue- a guilty plea will automatically be heard in the magistrates court unless its a serious case.

Not guilty plea requires the magistrates court to determine which court they believe the case should go to- if the magistrate wishes to accept the case the defendant can choose.

Appeal Process

Defence Appeals from the magistrates court to the crown court.

Defendant may appeal against conviction/sentence.

Only appeal if their original plea was not guilty

Automatic right to appeal

Defence Appeals from the magistrates court to the Queens Bench Division.

The crown court can either confirm the sentence, increase or decrease it.

Only available for an appeal against a conviction on a point of law.

May also be a further appeal from the crown court.

Prosecution appeals from the magistrates court.

Only available if its an appeal to the QBD against an acquittal on a point of law.

Further appeal to the Supreme Court.

Both defence and prosecution can appeal further only if it concerns a point of law regarding public importance. (permission must be granted).

Defence appeals from the crown court to the court of appeal

Must appeal against the sentence or conviction and the only ground for appeal is that the conviction is unsafe.

Court of appeal can either quash the conviction, order a retrial, decrease and not increase the sentence.