Criminal Courts & Appeals

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  • Created by: em.101
  • Created on: 27-10-17 16:22
CCRC 1997
Criminal Cases Review Commission
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When does the CCRC refer an appeal? (3)
(1) to the CofA (2) when all routes appeal exhausted (3) evidence of miscarriage of justice
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CJA 2003
abolished double jeopardy rule: DPP applies to CofA to overturn acquittal & order retrial if new& compelling evidence
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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!!!!
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3 Categories of offence
Summary // TEW // Indictable
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Examples of summary offence & where are they tried?
MAGISTRATES COURT. Driving offences, common assault
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Examples of TEW offence & where are they tried?
MAGS/ CROWN. Theft, assault causing bodily harm
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Examples of Indictable offence & where are they tried?
CROWN COURT. Murder, manslaughter, ****
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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
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Plea before venue hearing (TEW)
D asked if he pleads guilty/ not guilty. GUILTY= MAGS; can still send to crown.
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Mode of Trial (TEW)
when NOT GUILTY plea
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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
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Mags court advantages (3)
(1) dealt with faster- most in 1d (2) lower possible penalties (3) less publicity
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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
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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
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Crown court disadvantages (3)
(1) higher penalties (2) if ON REMAND, may spend longer awaiting trial than actual sentence (3) Slower procedure
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Mags/ Crown sentencing powers
MAGS= £5,000 fine, 6months prison/ 1yr 2(+) offences, TEW /// CROWN= unlmtd
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CDA 1998
Case will be transferred immediately to CROWN if INDICTABLE offence
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Other cards in this set

Card 2

Front

(1) to the CofA (2) when all routes appeal exhausted (3) evidence of miscarriage of justice

Back

When does the CCRC refer an appeal? (3)

Card 3

Front

abolished double jeopardy rule: DPP applies to CofA to overturn acquittal & order retrial if new& compelling evidence

Back

Preview of the back of card 3

Card 4

Front

both pros & defence. CofA must certify it involved PoL of GENERAL PUBLIC IMPORTANCE. // Supreme or CofA must give leave // only a few cases!!!!

Back

Preview of the back of card 4

Card 5

Front

Summary // TEW // Indictable

Back

Preview of the back of card 5
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