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Law Chapter 8 - Criminal courts and the criminal process. - Coggle Diagram
Law Chapter 8 - Criminal courts and the criminal process.
8.1 The Role and Jurisdiction of the criminal courts
Magistrates Court
There are around 160 magitrates court across England and Wales
They were previously found in every town and cites had multiple but many of them have shut and there is often large distances between each case.
Cases are heard by magistrates which are either district judges or non legally qualified lay justicies.
The hear all summary offence cases and any triable-either-way offences.
They also hear the initial hearing of all indictable offences.
They also deal with the preliminary matters to do with criminal cases such as issuing warrants and deciding bail.
Youth cases are also heard in the magistrates court.
Crown Court
There are 84 different crown courts across England and Wales.
The Crown court hears triable-either-way offences which are sent from the magistrates court and they also hear indictable offences.
A single judges manages all the pre trial management and the decide the sentence if there is a guilty plea.
When there is a not guility plea the case will be heard by jury.
The judge has control of the court, they direct the jury on points of law and impose sentences if the defendant is found guilty.
8.2 Classification of criminal offences
Triable-either-way offences
They can be heard in either the Magistrates or Crown court.
They include things like theft, burglary, and actual bodily harm.
If heard in the magistrates court then process is the same as used in summary offences.
When a case is heard in the crown court it is heard in the same way as a indictable offence.
Indictable offences
These offences are the most serious type of offence and must be heard in the Crown court.
The preliminary hearing is done in the magistrates court but after that all hearings are in the Crown court.
Juries will hear case with a not guilty plea and judges impose the sentence if found guility.
The Judge can impose a sentence as large as the act allows.
Summary Offences
These are the lowest classification of criminal offences which are divided into 5 levels.
Level 1 has a maximum offence of £200 then level 3 has a maximum of £500 then level 3 is £1000 level 4 £2,500 and level 5 is unlimited.
They are heard in magistrates courts.
They include things like common assault, shoplifting and driving while disqualified.
8.3 Pre-trial processes
Triable-either-way offences
Committal for sentence
If a case is heard in the Magistrates court where the defendant is found guiltily the defendant can be committed to the crown court for sentencing if the magistrates believe it is outside of their powers.
This can only take place at the end of the case after the past record has been read out.
It must be extremely serious and sometimes it is necessary to protect the public
Crown court trial
Magistrates must officially send the case to the Crown court.
There is a plea before venue and if the plea is not guilty but then the case can be sent to the crown court by the magistrates.
Magistrates Court Tria
l
If it decided that the case should be held in the magistrates court then it will be held in the same way as a summary offence.
There is one different which is if the defendant is found guilty then the magistrates can send the defendant to the Crown court for sentencing if they believe it needs a bigger sentence then they can impose.
Indictable offences
The case is first heard in the Magistrates court but if serious enough it is sent to the Crown court after the first hearing.
A guilty/not guilty plea is carried out. If they plead guilty then a single judge looks after the sentencing but if they plead not guilty then a jury will hear the case.
The Indictment
This is an offical document prepared before the offical trial.
It formally sets out all the charges against the defendant.
It can be done for any offence the witness statements reveal.
They can have several charges for serious offences.
Disclosure by prosecution and defence
The prosocusion has show the defence all previously disclosed infomation and evidence it proposes to use to the defence before the trial.
The defence has to give the defence a written statement which states the legal defences, any maters of fact which issue is taken with the prosecution, any points of law to argued and any alibi.
Plea and trial Preparation Hearing (PTPH)
It takes place as soon as possible after the case has been sent to the Crown court.
They hear the defendants plea, identify any issues with the trial, provide a timetable for any pre-trial prep and make provision for any further case management.
Summary offences
The clerk of the court first asks the defendants name and address and whether or not they are guilty. Most people in the Magistrates court plead guilty.
Not guilty plea
The prosecution lawyers give their evidence
The defence lawyers give their evidence.
The magistrates give their decision if not guilty then they are free to go and if they are guilty then they ago through the same process which is as follows.
The defendants past record is give if there is one.
Background information about the defendant is given.
Any relevant reports are considered by the magistrates
The speech of mitigation is given which is attempt by the defence lawyer to reduce the sentance given.
The sentence is decided by the magistrates.
Guilty plea
The CPS will outline the facts of the case.
The defendant is asked if the facts are correct. If they are incorrect then a newton hearing will have to take place.
The defendants past record is give if there is one.
Background infomation about the defendant is given.
Any relevant reports are considered by the magistrates.
The speech of mitigation is given which is attempt by the defence lawyer to reduce the sentance given.
The sentence is decided by the magistrates.
8.4 Appeals
Magistrate to Crown court appeals
This type of appeal root is only available to the defence.
If the plea was guilty then the appeal can only be made against the sentence.
The Crown court can either confirm it, increase it or decrease it.
Increases can only be made within the boundaries of the Magistrates court.
After a not guilty plea then the appeal can be made against the sentence or conviction.
Case stated appeals
These appeals have typically already been appealed from the Magistrates court to the Crown court.
These appeals go to the Queens Bench Divisional court.
This root can be done by both the prosecution and the defence.
The magistates state wwhat they have found and their decision to the QBD.
No witnesses are called in these case the law is just decided on the statement by the magistrates court.
Cases are heard by a panel of 2 or 3 judges.
The decision can be reversed, confirmed or changed by the court.
They can also be sent back to the Magistrates court to be confirmed.
Less than 100 of these cases are heard every year.
The case can be appealed further onto the Supreme court.
Court of appeal powers
They can do the following:
They can allow a defendants appeal and quash a conviction
They can vary the conviction to a lower offence which the defendant could have been convicted of.
Decrease but can't increase the sentence imposed.
Dismiss the appeal
Order a retrial.
Appeal against the sentence
The attorney general can also refer a case to the court of appeal if the sentence is unduly lenient under s36.
The CPS must bring this to the attention of the attorney general.
A member of public can also refer a case.
Further appeals
The prosecution and defence can appeal on from the court of appeal to the supreme court.
It has to be certified as a general public importance.
Appeals of this kind can made only on the conviction or aquittal.
There are very few cases where this happens. There can be less then 20 cases per year.
Referring a point of law
Cases can be referred to the court of appeal by the attorney general under s36 of the Criminal Justice act 1972.
Their decision doesn't effect the acquittal but sets binding precedent for future cases.
The criminal cases Review Commission
It was established but the Criminal appeal act 1995.
They can investigate any miscarriages of justice.
Typically there must have to be an appeal first.
It doesn't always have to do this and it can be done without an appeal in exception circumstances.
Appeals by the prosecution
They can appeal when the jury has been 'nobbled' which is when a juror has been bribed or threatened by a associate of the defendant.
An appeal can also be made if there is new compelling evidence. It must be in the public interest for them to be retried and it can only be done on around 30 offences.
Appeals From the Crown Court
Appeals are made to the Court of Appeal Criminal division. They then can be appealed to the Supreme court Criminal division.
The defendant can appeal against the sentence or the conviction or both.
Cases have to be granted leave to appeal to a higher court.
The Court of appeal can allow an appeal if they believe the decision to be unsafe.
An appeal can also be made when there is new evidence found but this evidence has to have reasonable grounds.
8.5 Police Bail
Police powers to grant bail
Bail can be granted by the police while further inquires are made.
Conditions can be put on those on bail.
A custody officer makes the decision of whether or not the criminal should be put on bail or not.
It can be refused if the name and address can't be found.
Rules on bail are set out in the bail act 1976.
Conditional bail
Conditions can include:
living at a certain address
surrounding a passport
regular reporting to a police station
These restrictions prevent reoffending, prevent interference with witnesses and that they don't effect the process the courts have to go through.
Bail
It is an important pre trial process whether bail should be granted or not.
Bail is when liberties are given back to the defendent until the next stage of the case.
Bail doesn't have to granted if it would be a risk to the public.
No police bail
If a defendant has been charged with an offence then the police aren't prepared to allow bail for the offender.
Any defendent charged with an offence should be brought in front of the magistrates court as soon as possible.
A court can then grant bail if they want to once it gets to the courts.
Release under investigation (RUI)
This has no time limit on this as it is important that the police can carry out the needed investigation.
Concerns have been raised recently over the length of some investigations.
This is lower level then bail and has limited or no conditions put in place.
8.6 Court bail
S4 of the bail act 1976 gives the general right for bail to be granted but the courts don't have to grant it if the defendant will fail to surrender, commit an offence while on bail or interfere with the investigation.
If they fail to appear after bail a warrant can be served for them to be arrested.
Bail can be appeal against to the crown court by the prosecution.
Bail can't be granted if the offence can't be given a prison sentence.
8.7 Factors and conditions for bail
Repeat of serious offences
For serious offences like murder bail is only granted in exceptional offences decided by the courts.
Offences committed while on bail
Offenders won't be granted bail if there is a risk that they may reoffend.
This is covered by s14 of the Criminal Justice act 1976.
Sureties
It is sometimes required by the police and courts to grant bail.
They are someone that is prepared to pay an agreed amount of money if the accused doesn't attend court.
It is different to the system in the USA where the payment is made before bail is granted.
Bail restriction for adult drug users
Bail is restricted for those that use class A which is covered by s19 of the Criminal Justice Act 2003.
If the defendant has been charged with intent to supply drugs, If they have refused participate in any assessments.