Criminal Courts & Appeals 0.0 / 5 ? LawThe Criminal courts and lay peopleASOCR Created by: em.101Created on: 27-10-17 16:22 CCRC 1997 Criminal Cases Review Commission 1 of 18 When does the CCRC refer an appeal? (3) (1) to the CofA (2) when all routes appeal exhausted (3) evidence of miscarriage of justice 2 of 18 CJA 2003 abolished double jeopardy rule: DPP applies to CofA to overturn acquittal & order retrial if new& compelling evidence 3 of 18 Who can appeal to the supreme court? both pros & defence. CofA must certify it involved PoL of GENERAL PUBLIC IMPORTANCE. // Supreme or CofA must give leave // only a few cases!!!! 4 of 18 3 Categories of offence Summary // TEW // Indictable 5 of 18 Examples of summary offence & where are they tried? MAGISTRATES COURT. Driving offences, common assault 6 of 18 Examples of TEW offence & where are they tried? MAGS/ CROWN. Theft, assault causing bodily harm 7 of 18 Examples of Indictable offence & where are they tried? CROWN COURT. Murder, manslaughter, **** 8 of 18 How to decide where a TEW offence will be tried?? (4) (1) plea before venue (2) mode of trial (3) Mags decision (4) D's choice 9 of 18 Plea before venue hearing (TEW) D asked if he pleads guilty/ not guilty. GUILTY= MAGS; can still send to crown. 10 of 18 Mode of Trial (TEW) when NOT GUILTY plea 11 of 18 Mags decision/ D's choice (TEW) if MAGS think case is unsuitable for them, they can send it to CROWN // if MAGS ACCEPT, D can have choice of court 12 of 18 Mags court advantages (3) (1) dealt with faster- most in 1d (2) lower possible penalties (3) less publicity 13 of 18 Mags court disadvantages (3) (1) Higher conviction rates- 60% acquittal in CROWN (2) can still get set to crown (3) hard to get funding- may need solicitor 14 of 18 Crown court advantages (3) (1) lower conviction rate- juries less case hardened (2) more likely for funding- better advocates (3) time on remand taken into account on conviction 15 of 18 Crown court disadvantages (3) (1) higher penalties (2) if ON REMAND, may spend longer awaiting trial than actual sentence (3) Slower procedure 16 of 18 Mags/ Crown sentencing powers MAGS= £5,000 fine, 6months prison/ 1yr 2(+) offences, TEW /// CROWN= unlmtd 17 of 18 CDA 1998 Case will be transferred immediately to CROWN if INDICTABLE offence 18 of 18
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