Criminal Courts and Appeals
- Created by: debbieoxt
- Created on: 14-05-18 17:38
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- Criminal Courts and Appeals
- Category of Offences
- Summary - least serious offences which are always tried in the Magistrates' Court. Examples are driving offences and common assault.
- Triable either way - can vary in level of seriousness. Either Magistrates' Court or Crown Court. Examples include theft and ABH.
- Plea hearing - if they pleads guilty then the case is automatically heard at the Magistrates' court.
- If they plead not guilty, a mode of trial hearing must take place to decide where it will be heard. The Magistrates' consider the facts and then decide if they have the power to deal with the case.
- If they feel that they are prepared to accept jurisdiction, the defendant is given the option of which court to have the case heard in.
- If they plead not guilty, a mode of trial hearing must take place to decide where it will be heard. The Magistrates' consider the facts and then decide if they have the power to deal with the case.
- Plea hearing - if they pleads guilty then the case is automatically heard at the Magistrates' court.
- Indictable - most serious which must be tried in the Crown Court. Examples include murder and ****.
- Appeals from the Magistrates' Court
- Crown Court - defence only, an automatic right, against conviction/ sentence, can't if pleaded guilty.
- Queen's Bench Division - prosecution and defence can do it, against conviction, case stated appeal (law applied incorrectly).
- Supreme Court - prosecution and defence, not an automatic right - need leave, point of law of general public importance.
- Appeals from the Crown Court
- Court of Appeal - defence can do it if they think the conviction is unsafe, sentence or conviction, need leave, within 28 days of conviction
- Prosecution - against acquittal, new and compelling evidence. Against sentence - unduly lenient sentence. Referring a point of law.
- Queen's Bench Division - jury nobbled, against conviction.
- Supreme Court - prosecution and defence, involve a point of law of general public importance and need leave to appeal.
- Court of Appeal - defence can do it if they think the conviction is unsafe, sentence or conviction, need leave, within 28 days of conviction
- Category of Offences
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