CRIMINAL COURTS - G151 THE ENGLISH LEGAL SYSTEM

• Describe the categories of offence: 
  • Summary offences – less serious offences always tried in the Magistrates’ Court eg driving offences and common assault 
  • Triable either way offences – middle range offences which can vary in the degree of harm caused. Can be tried either in the Magistrates’ Court or in the Crown Court eg theft and assault occasioning actual bodily harm 
  • Indictable offences – more serious crimes which must be tried in the Crown Court eg murder, manslaughter and ****. 
• Describe the process of deciding which court a Triable either way offence will be heard in: 
  • Plea before venue – the defendant is asked whether he pleads guilty or not guilty to the offence. If guilty the case is automatically heard by the Magistrates’ Court but they retain the option of sending the defendant to the Crown Court if necessary for sentencing 
  • If the defendant pleads not guilty a mode of trial procedure must take place to decide on the most appropriate court to try the case 
  • The magistrates first consider whether they think the case is suitable for trial in the Magistrates’ Court. If they feel it is not they will transfer it to the Crown Court for trial 
  • If the magistrates feel prepared to accept jurisdiction of the case the defendant is given the choice of which court he wishes to be tried in.

The Advantages of being tried in the Crown Court: 

• Lower conviction rate than the Magistrates’ Court as juries are less case hardened and more likely to believe the defendant 
• More likely to get legal funding than in the Magistrates’ Court where D may have to defend himself 
• Should have better advocates who specialise in Crown Court trial. 

The Disadvantages of being tried in the Crown Court: 

• Slower, than the Magistrates’ Court, if on remand may spend longer awaiting trial than eventual sentence 
• Higher possible penalties 
• More publicity is likely than in the Magistrates’ Court 
• The Crown Court can be more daunting for a defendant than the Magistrates’ Court.

• The Bail Act 1976 and subsequent amendments in the Bail (Amendment) Act 1993, the Crime and Disorder Act 1998 and the Criminal Justice Act 2003 
• Identify that bail enables a defendant to remain at liberty until the next stage of their case 
• The police can grant bail at the police station and magistrates and judges can grant bail in the courts

• There are 2 types of bail: Unconditional and Conditional
  • Unconditional bail where the only condition is to turn up at court on the appointed date
  • Conditional Bail in which conditions appropriate for the suspect such as surrendering passport, reporting to a police station, curfew with electronic tag, residing at a specified address or any other examples of conditions. 

• Refusing bail:
  • Failure to surrender to custody
  • Likely to commit further offences
  • Interfere with witnesses/the course of justice.

• Factors to be taken into account:
  • Nature and seriousness of offence
  • Previous convictions
  • Antecedents of defendant
  • Previous bail record
  • Strength of evidence against defendant.

• There is a presumption in favour of bail however:
  • For an offence committed while already on bail, bail can only be given if the court is satisfied there is no significant risk of further offending
  • Bail will only granted in exceptional circumstances for murder, attempted murder, manslaughter, **** or attempted **** if the defendant has already served a custodial sentence for such a crime 
  • Bail will be restricted for adult Class A drug users under the Criminal Justice Act 2003 in certain circumstances.
  • Bail can only be granted in a murder case in the Crown Court

Challenge by the defence to the Court of Appeal

• Defendant may appeal against conviction, sentence or both to the Court of Appeal (Criminal Division). Leave to appeal must be granted either by the trial judge or from the Court of Appeal itself

• Only ground for allowing an appeal against conviction is that the conviction is unsafe and the Court of Appeal may order a retrial or quash the conviction if it allows the defendant’s appeal

• When hearing an appeal the Court of Appeal may admit new evidence in the interests of justice

• Criminal Cases Review Commission may refer cases back to the Court of Appeal after all routes of appeal have been exhausted if there is evidence of a miscarriage of justice

Challenges by the prosecution

• The prosecution may ask the Attorney-General to seek leave from the Court of Appeal to consider an unduly lenient sentence
• Attorney-General may refer a point of law to the Court of Appeal if the prosecution is concerned about an acquittal – this will merely settle the law on that point. It will not affect the acquittal
• If there is evidence of jury tampering the prosecution may apply to the High Court for the acquittal to be set aside and a retrial ordered
• Criminal Justice Act 2003 abolished double jeopardy rule so that the Director of Public Prosecutions may apply to the Court of Appeal to overturn an acquittal and order a retrial if there is new and compelling evidence
• The prosecution may appeal against a ruling on law made by a judge in a Crown Court trialAppeals to the Supreme Court
• Both the prosecution and the defence have the right to appeal from the Court of Appeal [Criminal Division] to the Supreme Court. The Court of Appeal have to certify that it involves a point of law of public importance and either the Court of Appeal or the Supreme Court must give permission to appeal
• Very few cases are appealed to the Supreme Court