Criminal Courts and Process
Criminal Courts and Process
Syllabus Content
● Subdivided in 5 levels, with an upper limit of fine set for each level
● Examples: drinking while disqualified, common assault, being drunk and disorderly in a
○ Speech in mitigation
○ Sentence passed
● Plea before venue: defendant is asked whether he pleads guilty or not guilty
● Committal for sentence: magistrates can commit the guilty defendant for sentence to
the Crown Court when they feel that their powers of punishment are not enough
● Defendant’s election: defendant elects place of trial after MC has accepted jurisdiction;
Advantages
● Local court and lower costs
● Shorter trial
● Lower sentencing powers
● Greater chance of bail
● Less publicity
Disadvantages
● Less chance of legal aid
● Higher conviction rates – 80% at MC & 40% at CC
● Less chance of appeal
Discuss the advantages of choosing Magistrates’ Court in a triable-either-way offence in defendant’s election. [10]
The Crown Court
● 84 CC in England and Wales
● Crime and Disorder Act 1998 (s 51): indictable offences are the most serious
offences and include murder, manslaughter and rape
● The indictment – document that formally sets out the charges against the defendant
● Criminal Procedure Rules (April 2005) – criminal cases be dealt with justly
● Plea and Trial Preparation Hearing (PTPH): arraignment of defendant, trial date, issues
● Jury sworn in
● Opening speech by prosecution
● Prosecution presents witnesses and evidence
● Opening speech by defence
● Defence presents witnesses
● Closing speeches by prosecution and defence
● Judge sums up the case
● Jury retires and produces a verdict
● Sentence is passed
● Retrial for serious offences under the Criminal Justice Act 2003
The Appeal Courts
and Appeals System
Appeal Routes
1. Appeals by MC
a. by defendant
b. by prosecution
○ For a not guilty plea, appeal is available for conviction as well as sentence
○ Automatic right
○ Further appeals can be made to the Supreme Court if a point of law of general
It has the power to investigate possible miscarriages of justice (unsafe conviction) and to refer
cases back to courts with a precondition that an appeal to CoA already exists.
Double jeopardy in light of new DNA evidence leading to conviction in the case of two defendants
who had previously (19 years ago) been acquitted of the charges of killing a black teenager
Evaluation of the Appeal System
Strengths
Weaknesses
1. Rights available to the defendant
1. Limitations to appeal
2. High efficiency
2. High cost; may take a long time
3. Contingency to change law for the
3. Burden on the legal system
better
Bail
Police bail
● Being given bail means that the defendant is released and allowed to be at liberty until the next stage in the
case.
● Bail can be granted before the charges are brought, and also to the accused
● The custody officer has the power to grant bail (s 38 PACE 1984). The defendant is required to return to
the police station on a specific date in the future. Otherwise, the police may arrest the defendant.
● The CJPOA 1994 gave the police the power to impose conditions on a grant of bail. The conditions may be:
○ surrender of passport
○ report at regular intervals
○ a person to stand surety and promise recognisance
○ a designated location for residence/curfew/bail hostels/electronic tagging
● 5/6th charged defendants are released on bail by police
● When the police are not prepared to allow bail, they must bring the defendant in front of the Magistrates’ Court
at the first possible opportunity, and the Magistrate may grant bail.
● Release under investigation (RUI): introduced because of concern over the length of police investigations;
less formal; limited conditions
‘There is a problem of balancing bail against the need to protect the public.’ Comment.
Factors and conditions for bail
● Sureties
Assess the problems which he might experience when making an appeal. [15]
Evaluation: about 12 000 appeals to Crown Court each year, less than half are successful. Only about
100 case stated appeals each year. Both types expensive and time consuming, hard if D is
imprisoned. Lack of legal funding. Delay. Possibility of an ordered retrial. Application to scenario.
Describe the routes of appeal open to both prosecution and defence against conviction and
sentence in the Crown Court. [10]
Responses may include – Criminal Appeal Act 1995. Defendant: conviction, sentence, leave to
appeal from CA, granted if conviction is unsafe, effect of HRA 1998, new evidence, CA can allow
appeal and quash conviction, can vary conviction, can uphold conviction, can reduce sentence, can
order retrial. Double jeopardy rules. Prosecution: appeals against acquittal only of jury ‘nobbling’ or
new and compelling evidence, removal of double jeopardy Criminal Justice Act 2003 for serious
offences only, can refer a point of law (Attorney General’s Reference Criminal Justice Act 1972),
appeals against lenient sentence s36 Criminal Justice Act 1988. P and D may appeal further to
Supreme Court (SC) only if the case is certified as involving a point of law of general public
importance, with leave.
(a) Discuss whether it is ever justifiable to remand a suspect in custody before trial. [15]
Evaluation: protection of public, prevention of further crime, interference with evidence or
witnesses, danger of flight, but balancing this with the imprisonment of a person not yet found
guilty of an offence. Candidates may cite statistics.
Juhena has been charged with the theft of expensive jewellery from a shop in London. She lives
with her husband and their seven-year-old child in rented accommodation nearby. She also owns a
property in France.
She has complied with bail given to her for a previous conviction for fraud.
(a) Explain the factors that might be considered when deciding whether or not to grant bail to
Juhena. [10]
Responses may include: Bail Act 1976, reasons to refuse bail (fail to surrender to custody, commit an
offence on bail, interfere with witnesses), factors considered (seriousness of offence, character of
defendant, defendant’s record, strength of evidence), sureties, appeals, conditions, restrictions on bail
where the offence is murder, manslaughter, rape, restrictions for adult drug users, appeals against refusal
of bail.
(a) Justify whether it is ever appropriate to grant bail to someone charged with an offence. [15]
Evaluation: protection of public, prevention of further crime, crime committed by those on bail, with
examples, if possible, interference with evidence or witnesses, danger of flight, but balancing this with the
imprisonment of a person not yet found guilty of an offence, application to scenario. Amendments made by
the Criminal Justice Act 2003 and the Legal, Sentencing and Punishment of Offenders Act 2012 which
seek to protect the public. Candidates may cite some of the amendments here – for example, s19 Criminal
Justice Act 2003 says that bail should not be granted to someone who has tested positive for Class A drugs
and the offence is one which is related to drugs.