Committal proceedings, bail applications, issuing warrants to the police for arrest and search, either way, summary
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What do the Crown court handle?
Bail applications in murder cases, sentencing when the Magistrate's sentencing powers were insufficient, either way cases, indictable cases
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The COA's role?
When there is an appeal
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The role of the Supreme Court?
When one side is not happy with the appeal decision, can only happen with the COA or the UKSC's permission, only appeals on a point of law, final decision made here
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Summary offences?
Least serious, dealt with in the Magistrate's (Crown if needed for sentencing), the prosecution sends a written charge summoning the D to court, includes the charges and date, if everything is ready on the day, the trial will take place
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Either way offences?
Middle ranking, plea before venue, begin in Magistrates, if the plea is guilty the Mag can hear facts then sentence or transfer to Crown, if the plea is not guilty the mode of trial procedure starts in Mag under the Mag court act 1980
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What is the mode of trial procedure?
The justice clerk reads out the charge, makes sure D knows he can see P's evidence, asks if he is guilty, P and D make representations, then Mag decides
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What do the Magistrate's have to consider?
The representations made, the nature of the offence, the sentencing powers the Mag has and if they will be sufficient
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What happens if the Magistrates is chosen or the Crown?
If the Magistrate's is chosen, it is not final because the D has a right to elect for a trial in the Crown, but if the Magistrate's chooses the Crown it is final
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Advantages of it being heard in the Mag?
Lower sentencing powers, lower conviction rates, more private, more local, quicker, cheaper
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Disadvantages of it being heard in the Mag?
Less detailed look at the case, no jury, middle class Magistrate's who tend to be more prosecution minded, inconsistent sentences, less legal aid
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Advantages of it being heard in the Crown?
Jury, more detailed analysis, greater consistencies, higher penalties and higher acquittal rates
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Disadvantages of it being heard in the Crown?
Higher sentencing powers, more expensive, higher acquittal rates
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What are reasons a D can appeal?
Miscarriages of justice, judges/jury make mistakes, witnesses can be unreliable, the sentence being too long, faith in the system
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What reasons can a decision be appealed from the Magistrate's court to the Crown court?
If; the sentence was too harsh, the D is not guilty
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Who are appeals heard by in the Crown?
A judge sitting with two Magistrates
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What can the Crown court do in appeals?
Can send it back to the Magistrates for consideration, can vary the sentence, or can send it to the QBD after raising a point of law
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Appeals to the QBD?
Can be made straight from the Mag or the Crown after hearing the appeal, can be made by the defence/prosecution on the basis that the court was wrong, exceeded its jurisdiction or misinterpreted the law
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Appeals from the Crown court?
These go to the COA criminal division when there is permission from either court. If the COA's opinion is that the Crown raised a point of law it'll be heard by the UKSC if they think this is the best way to solve it
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Appeals by the Prosecution?
The attorney general can; under s36 of the CJA 1972 make a reference on acquittals, can make reference on an unduly lenient sentences under CJA 1988; the COA can; quash, ask the UKSC to consider
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Other cards in this set
Card 2
Front
What do the Magistrate's court handle?
Back
Committal proceedings, bail applications, issuing warrants to the police for arrest and search, either way, summary
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