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Unit 1 LAW01 Law Making and the Legal System


1. The Magistrates' Courts in criminal cases.

Jurisdiction of the Magistrates' Court

Magistrates' courts play a significant role in our Criminal Justice System by
dealing with about 97% of all criminal cases. Magistrates' courts (1)…

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`Either way' offences, sometimes referred to as `middling' offences can be
tried either by magistrates or by judge and jury at the Crown Court. In
`triable either way' offences, magistrates hear the defendant's plea of guilty
or not guilty before deciding on the venue (where the case will be heard.…

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reveal that about half of those who appeal have some level of success in
the Crown Court.

Appeals on a point of law may go to the Queen's Bench Division of the
High Court. The magistrates (or the Crown Court) are asked to state the
facts in the case, and…

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disclose details about any alibi he intends to use, and about any witnesses
supporting his alibi.

At a preliminary hearing, called a `plea and directions' hearing, all the
charges against the defendant are read out in open court. The defendant
must then plead `guilty' or `not guilty' to each charge.…

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The Attorney General, acting on behalf of the Crown Prosecution Service,
can, with the leave of the court, appeal to the Court of Appeal against `an
unduly lenient sentence' under s36 of the Criminal Justice Act 1988.

Finally, the Criminal Cases Review Commission, under the Criminal Appeal
Act 1995, can…

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Appeals from the Magistrates' Court to the Crown Court

1. To where can a defendant found guilty in the Magistrates' Court appeal?
2. On what grounds can the defendant appeal?
3. Does such a defendant need leave (permission) to appeal?
4. Who rehears his case in the Crown Court?

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1. Where are appeals from the Crown Court heard?
2. On what grounds can a defendant appeal?
3. Is leave (permission) required to appeal?
4. What actions may the Court of Appeal take in relation
to the sentence/punishment pronounced in the Crown Court?
5. Name three grounds for appealing against…

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Every criminal case starts at the Magistrates' Court which is responsible for
hearing over a million cases every year. There are three kinds of offences ­
summary offences, `either way' offences, and indictable offences.

Summary offences can only be tried by magistrates. These are the least
serious offences and they…

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and/or sentence. He has an automatic right of appeal and does not need
leave (permission) to appeal.

The case is completely re-heard in the Crown Court before a judge and two
magistrates. They may confirm the original verdict, or they can decide the
case is not proved and reverse the…

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Under the Criminal Procedure and Investigations Act 1996, both the
prosecution and the defence must make certain disclosures to each other.
The prosecution, who have already provided the defence with statements
of all the evidence they propose to use at the trial, must also disclose any
previously undisclosed material in…


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