Please enable JavaScript.
Coggle requires JavaScript to display documents.
Criminal Courts and The Appeals Process - Coggle Diagram
Criminal Courts and The Appeals Process
Court Procedure:
Summary Offence
Magistrates Court:
Preliminary hearing/first appearance- bail applications and legal aid
Plea: Guilty
Dealt with at first appearance court will needed to be adjourned.
Pre sentence reports needed before sentence
Plea: Not Guilty
May have to be adjourned as witnesses may be brought to court.
Decide if they should be remanded on bail or in custody
Pre-trail review: Judges consider the issues before the timetable of the trial is finalised.
ONLY HEARD IN MAGISTRATES COURT
Indictable Offence
Early administrative hearing in Magistrates Court:
Applications for public funding, bail applications- then sent to the Crown Court.
Plea and case management hearing: Defendant will enter a plea
Guilty: Sentencing
Not Guilty: trail review and the prosecution and defence have to inform court of any issues with the case e.g conflicting witness statements, number of witnesses
Pre trail matters are dealt with by Judge at trail. TRAIL BY JUDGE AND JURY.
Triable-either-way Offences
Can be heard at EITHER Magistrates or the Crown Court
Plea before venue hearing:
Can opt for a summary trial or remit to the Crown Court.
Asked if they plead guilty or not.
Plea before hearing:
If they plead guilty they have no right to ask for the case to be heard in the Crown Court. Magistrates my decide to send the case for sentencing to the Crown Court.
Mode of trial:
If they plead not guilty the mode of trail must proceed. Look at the jurisdiction, Magistrates must consider the seriousness of the case and their powers of punishment. Complex law cases will be sent to the Crown Court.
Magistrates Court Act 1980: outlined the functions of the Magistrates Court
Defendants Election: Magistrates prepared to accept jurisdiction, defendant have the right to a trail by jury but can opt for the Magistrates. If found guilty they can be sent to the Crown Court for sentencing.
Advantage of Juries:
More likely to be acquitted
Sentence spent if held in custody
Legal aid
Expertise
Disadvantages:
Long wait
Greater sentencing powers
Jurisdiction
Crown Court
Triable-either-way offences were the defendants has elected to be tried in the Crown Court. All indictable offences. Appeals from the Magistrates.
Pleads not guilty- trail by judge and a jury of 12
Magistartes :arrow_forward: Crown Court :arrow_forward: Court of Appeal :arrow_forward: Supreme Court
Magistrates Court
Heard by either district judges or unqualified lay justices.
Max sentence they can give is 6 months for one offence or 12 months for two.
They can impose fines. For top end cases there is no limit to the fines. For other cases they may have a limit.
Hear all summary cases, all triable-either-way which the Magistrates Court is prepared to hear.
All preliminary hearings for triable-either-way cases. First preliminary cases for indictable cases. Deal with side issues connected with criminal cases- warrants, bail applications.
Act as a youth court for 10-17 year olds.
Appeals from the Magistrates Court
Two routes:
Crown Court or High Court Queens Bench
Depends of whether the appeal is on a point of law or for other reasons.
To Crown Court:
If they plead guilty they can only appeal the sentence. If they plead not guilty they can appeal against the conviction and the sentence.
Defendant has the right to an automatic appeal.
At the Crown Court they are heard by a judge and two magistrates. They can decide the conviction was fair, reverse the decision or convict them on a lesser offence.
Appeal against the sentence- keep it, increase it or decrease it.
Case Stated Appeal:
Goes to the Administrative Court. Available to the prosecution and the defence. Can be made by the Magistrates Court of the Crown Court Appeal. You need to know the high court will take on the case. Defendant -can appeal against the conviction. Prosecution- appeal for acquittal.
They can confirm, vary or reverse the decision or remit the case.
Appeals sent to the Supreme Court:
Can be appealed to the SC if- The QBD court certifies that a point of law is of general public importance. Or they have been gives permission to hear the case.
Key Case:
C v DPP (1994) Point of law- looking at the ages of criminal responsiblity (14) if they knew what they did was wrong. Divisional Court- children have matured so should be lowered. Supreme Court- they have to prove intention
Appeals from the Crown Court
Appeals by Defendant:
Leave to appeal: Must get LTA for the COA or a certificate that the case is fir for appeal. Cases without merit are filtered out. Applications made in private by a single judge.
Grounds for appeal:
Criminal Appeal Act 1995- shall allow appeal against conviction is they think the conviction is unsafe and shall dismiss such an appeal in any other case.
New Evidence:
Admitted by the defendant- only if it would afford a ground for an appeal.
COA's Power:
May decide that a conviction is unsafe.
Can decrease but not increase and appeal against sentence.
Power of retrial was given in 1988.
Appeals by the Prosecution:
to the QBD or COA, originally had no right to appeal.
Against a Judges ruling:
Under Criminal Justice Act 2003- if judge makes a decision on a point of law which stop the case- the prosecution have the right to appeal.
Against acquittal:
Two occasions: Jury being 'nobbled' given under the Criminal Procedure and Investigations Act 1996.
Under Criminal Justice Act 2003- 30 serious offences where there is compelling evidence of the acquitted persons guilt.
Referring a Point of Law:
Judge makes an error- under S36 of the Criminal Justice Act 1972 Attorney General can ask the COA for a ruling on this point.
Does not change the outcome but sets a precedent.
Against Sentence:
Under S36 of the Criminal Justice Act 1988 Attorney General can apply for leave to an unduly lenient sentence thus, leading to re-sentencing. 80% of sentences are increased by the COA.