0% found this document useful (0 votes)
35 views30 pages

Criminal Courts and Process

The document discusses two criminal courts in England and Wales - the Magistrates' Courts and the Crown Court - and their roles and jurisdictions. It also covers the different types of criminal offences, the criminal process from pre-trial through appeals, police bail, bail from the courts, and factors considered for bail. The document provides detailed information on the roles and procedures of the two courts.

Uploaded by

shaheeryousaf456
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
35 views30 pages

Criminal Courts and Process

The document discusses two criminal courts in England and Wales - the Magistrates' Courts and the Crown Court - and their roles and jurisdictions. It also covers the different types of criminal offences, the criminal process from pre-trial through appeals, police bail, bail from the courts, and factors considered for bail. The document provides detailed information on the roles and procedures of the two courts.

Uploaded by

shaheeryousaf456
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 30

Criminal Courts and Criminal Process

Syllabus Content

● Role and jurisdiction of Magistrates’ Court and Crown Court


● Classification of criminal offences – summary, triable either way and indictable
● Pre-trial process for summary, triable either way and indictable offences
● Appeals
● Police bail – Police and Criminal Evidence Act 1984 (PACE), Criminal Justice
and Public Order Act 1994
● Bail from the court – Bail Act 1976
● Factors and conditions for bail
● Two courts
○ Magistrates' Courts
○ Crown Courts

● Three types of offences


○ summary
○ triable-either-way
○ indictable
Magistrates'
Courts
There are 160 MC in England and Wales.

The following tasks are performed by MC:

● Trial of all summary cases

● Trial of triable-either-way offences after mode of trial proceedings

● First hearing of all indictable offences

● Side matters connected to criminal cases

● Trial of cases in Youth Court


Summary offences

● Least serious criminal offences

● 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

public place, shoplifting (items under £200)

● Clerk asks how the defendant pleads


● 90% guilty pleas. Procedure followed:
○ CPS states facts
○ Defendant agrees or Newton hearing
○ Past record of convictions, background, other relevant reports
○ Speech in mitigation by defence
○ Magistrate decides sentence
● Not guilty plea
○ Burden of proof on prosecution: witnesses called; examination in chief;

cross-examination; relevant exhibits presented

○ Defence gives evidence; CJPOA 1994 – conclusions may be drawn from

defendant's silence; speech by defence

○ Magistrate decides guilty/not guilty

○ Speech in mitigation

○ Sentence passed

○ Case stated appeal against acquittal


Triable-either-way (TEW) offences

● Examples: assault causing actual bodily harm, theft, burglary

● Plea before venue: defendant is asked whether he pleads guilty or not guilty

● Mode of trial hearing: magistrates decide whether or not to accept jurisdiction

● 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;

important part of civil liberties

Identify the different instances in which a case may go from MC to CC.


Evaluation of TEW offences in Magistrates' Court

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

● Try all indictable offences

● Triable-either-way offences sent from the MC

● Crime and Disorder Act 1998 (s 51): indictable offences are the most serious
offences and include murder, manslaughter and rape

● Guilty plea – sentence by judge alone

● Not guilty plea – trial by jury


Preliminary matters relating to indictable offences

● The indictment – document that formally sets out the charges against the defendant

● Criminal Procedure Rules (April 2005) – criminal cases be dealt with justly

● Disclosure of information by prosecution and defence – since 1996: nature of

arguments, matters of fact, points of law, alibi, witnesses, et cetera.

● Plea and Trial Preparation Hearing (PTPH): arraignment of defendant, trial date, issues

for trial, timetable, Further Case Management Hearing (FCMH)


Trial
[Not part of the syllabus]

● 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. to CC: only by defendant

b. to DC (QB): case-stated appeal; only about verdict

2. Appeals by CC (to CA)

a. by defendant

b. by prosecution

What is the difference between an appeal and a retrial?


Appeals from the Magistrates' Court

● Appeals to Crown Court

○ Only available to the defendant

○ For a guilty plea, only appeal against sentence is available

○ For a not guilty plea, appeal is available for conviction as well as sentence

○ Automatic right

○ Case is completely reheard by a judge and two magistrates

○ 12,000 appeals per year


● Case-stated appeals

○ About a point of law

○ Go to Queen's Bench Divisional Court

○ Available to both the defence and prosecution

○ Panel of 2 or 3 High Court Judges

○ Only against decision on guilt; cannot be used to challenge the sentence

○ <100 appeals each year

○ Further appeals can be made to the Supreme Court if a point of law of general

public importance is involved (leapfrog appeals)


Appeals from the Crown Court

● Appeals by the defendant


○ Appeal can be against conviction or sentence
○ Leave to appeal: permission to appeal granted by the CoA or the trial judge; 24% cases in 2015 were
granted leave to appeal

○ ⅓ defendants are successful in their appeals


○ The Criminal Appeal Act 1995: the court can allow an appeal if the conviction is unsafe,
where defendant has been denied a fair trial
○ New evidence
○ Powers of CoA
■ quash conviction
■ vary conviction
■ dismiss appeal
■ order retrial (since 1988)
● Appeals by prosecution
○ Limited rights
○ Appeal against acquittal can be made under two circumstances:
■ If the jury was ‘nobbled’ (Criminal Procedure and Investigations Act 1996)
■ If new and compelling evidence comes to light, defendant can be tried a second time
– double jeopardy (Criminal Justice Act 2003)
○ Referring a point of law: ruling on the law creates a precedent (s 36 of the Criminal Justice Act
1972)

○ Appeal against sentence


■ s 36 of the Criminal Justice Act 1988
■ Power extended to triable-either-way offences in 1994
■ 107/123 cases successfully appealed in 2014

● Further appeals to the SC: fewer than 20 each year


The Criminal Cases Review Commission

It was established by the Criminal Appeal Act 1995.

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.

Stephen Lawrence case 2011

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

➢ Explain why bail is a human right?


➢ Suggest justifications for imposing conditions on bail.
➢ PACE 1984: Police and Criminal Evidence Act 1984
Bail from the court – Bail Act 1976
○ s 4: a general right to bail
○ s 5A: must be granted bail when no real prospect of a custodial sentence
○ Substantial grounds for denying/restricting bail, such as the suspicion of:
■ failure to surrender
■ committing an offence while on bail
■ repeat serious offences
■ interfering with witnesses
■ self-harm
■ use of Class A drugs
○ Factors taken into account when granting bail:
■ nature and seriousness of offence
■ character; antecedents
■ past record of fulfilment of obligations
■ strength of evidence
○ Court may set conditions for bail.
● The defendant can appeal once against a refusal to grant bail to a judge at the Crown Court.
● Prosecution also has the right to appeal against the decision to grant bail.

‘There is a problem of balancing bail against the need to protect the public.’ Comment.
Factors and conditions for bail

● Sureties

● Repeat serious offences

● Offence committed while on bail

● Restrictions on bail for adult drug users

➢ Name three parties who may grant bail.


➢ What is the difference between surety and recognisance?
Past Paper Questions
Leo has been convicted of assault in the Magistrates’ Court. He maintains his innocence and
wishes to appeal. Describe the different ways in which Leo can appeal. [10]
Responses may include: Appeal to the Crown Court: D only, if a guilty plea only appeal against
sentence, if not guilty plea can appeal against conviction and sentence, D has right to appeal, no leave
needed, rehearing at Crown Court, judge & 2 magistrates, can confirm, reverse decision, can also vary
conviction in some cases, can confirm increase or decrease sentence. If a point of law is involved,
Crown Court can allow an appeal by way of case stated to QBD of High Court.
Appeal by way of case stated to QBD: only by D against a conviction or P against an acquittal, not for
sentence. QBD can reverse, vary or confirm the decision or remit to Magistrates’ Court on a point of
law, magistrates set out the case, panel of 2 or 3 High Court Judges, occasionally a Court of Appeal
judge. Further appeal to Supreme Court from QBD possible, only if point of law involved. Leave
needed.

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.

Assess the effectiveness of this process in achieving justice. [15]


Evaluation: Defendant, leave difficult to obtain, few appeals are successful even if leave granted,
hard to arrange appeal if D is in prison or is of limited means, retrials now more common,
Prosecution, increase in appeals concerning lenient sentencing. In general a function of a just
system to allow a second hearing.
When deciding whether to grant bail, there is a conflict between the protection of the public
and the rights of someone who has not yet been tried by a court.

(a) Describe the court’s power to grant bail. [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) 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.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy