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CRIMINAL COURTS AND APPEALS - Coggle Diagram
CRIMINAL COURTS AND APPEALS
OFFENCES
Summary
Least serious
E.g. minor driving offences
Magistrates court
Either way
Mid-range offences
E.g. theft, ABH
Magistrates or Crown
Indictable
Most serious
E.g. murder, s.18
Crown court
MAGISTRATES
Roles
Trying all summary and some TEW cases
Sentencing limit of up to 1 year year for a single offence
Mode of trial proceedings
Sending for trial
Youth court
Issuing arrest and search warrants
Deciding bail
Jurisdiction
Approx. 160 in the UK
Hear over 1 million cases a year
Try less serious crimes
CROWN
Jurisdiction
Approx. 77 in the UK
Try serious crimes
Judge and jury
Roles
Trying indictable and some TEW offences
Sentencing up to the maximum penalty
Appeals from Magistrates against conviction or sentence
BAIL
Right to remain at liberty until next appearance at court
General right to bail if there is no real prospect that D will receive a custodial sentence
Alternative bail is remand in custody
Bail conditions
Surrendering passport
Residing at a bail hotel
Reporting to police station at regular intervals
Curfew
Electronic tag
APPEALS
Appeal courts may:
Allow an appeal and quash a conviction
Dismiss the appeal and uphold the conviction
Order a re-trial
Vary the sentence
Appeals from Magistrates
Magistrates--> Crown court
Appealing against sentence or conviction
No further appeal available
Might go from Crown to Divisional on point of law basis
Magistrates--> Divisional court
Point of law by Def or Pros
Decision sent back to Mags to be applied
Divisional--> Supreme court
Point of law of public importance
Appeals from Crown
Crown--> CoA
Appeal against conviction or sentence or a point of law
Permission is needed
CoA--> Supreme court
Must involve point of law of public importance
Requires Supreme court permission