GCSE Unit 1 Criminal Courts

GCSE Unit 1 Criminal Courts

1. categories of offences

   • summary
     • low level offences
       • eg  driving offences assault
       • magistrates court
         • maximum sentence 12 months or 5k fine
   • indictable
     • most serious offences
       • murder rape armed robbery
       • crown court
         • up to life imprisonment
   • triable either way
     • plea before venue hearing
       • guilty plea
         • sentencing by mags or crown
           • consider if they have enough sentencing power and sentence or refer up to crown court for sentence hearing
       • not guilty
         • mags accept jurisdiction?
           • depends on if their sentence power is enough
           • yes
             • defendant chooses magistrates or crown
               • factors in choosing
                 • magistrates
                   • advs
                     • faster - come to court quicker cheaper legal representation lower  sentences less formal trial - not as intimidating 
                   • disadvs
                     • more likely to be convicted in magistrates court May still be sent to Crown Court for sentencing if mags powers no enough. No 'trial by jury' - some think this is important for justice.  
                 • Crown Court
                   • advs
                     • if you are likely to be found guilty then a long time in a 'cushy' remand prison will be an advantage. - reduces amount of time spent in tougher 'real prison'   Trial by jury an important  human right.  Juries more likely to acquit than convict 
                   • disadvs
                     • Longer sentences if found guilty    long wait to get to trial - added stressMore expensive legal representation needed. court-room is formal and intimidating.  
           • no
             • trial in crown court

2. Criminal Trials

   • Crown Court
     • Jury are 'sworn in'
       • prosecution opening statement
         • Tells the court and jury what they are setting out to prove
         • prosecution witnesses
           • the witnesses FOR the prosecution will be questioned by the barrister for the CPS  and then CROSS EXAMINED by the defence
           • prosecution case ends
             • no case to answer?
               • if the defence and the JUDGE agree that the prosecution have not presented the correct evidence for the crime, the defendant goes free.  There is no need for a full trial 
             • Defence opening statement
               • defence witnesses
                 • Defence barrister examines their own witnesses and then CPS will cross examine
                 • closing statements
                   • the barristers for each side address the jury to summarise their sides of the argument
                   • Judge 'sums up'
                     • judge will take the Jury through all they have heard, giving them advice on important points of fact that they must agree on
                     • Jury deliberations
                       • the jury go to a private room and make a decision about whether the defendant is guilty
                       • verdict
                         • Not guilty
                           • defendant is free to go
                         • guilty
                           • prosecution will outline argument for harsh sentence Defence will outline mitigating factors and ask for lenient sentence 
                           • judge passes sentence
   • magistrates Court
     • prosecution opening statement
       • prosecution outline their case to the magistrates
       • prosecution witnesses
         • defence opening statement
           • defence witnesses
             • magistrates take advice from clerk
               • Magistrates give a verdict and sentence if necessary

3. criminal appeals

   • Appeals by the defence
     • from the Magistrates court
       • appeal against sentence
         • goes to Crown Court for review
           • risk that crown court could pass tougher sentence rather than reduce!
       • appeal against verdict
         • Crown Court
           • crown court give permission to appeal
       • appeal on a point of law
         • a "case stated" appeal
         • referred to High Court QBD for legal opinion
       • rectification
         • if the magistrates have made a clear error, then the magistrates court will hold a short hearing and put this right themselves
     • from the Crown Court
       • Appeal against sentence
         • Court of Appeal
       • appeal against verdict
         • need permission from the court of appeal 'leave to appeal'
         • Court of Appeal
           • Often referred to CoA by the CCRC
             • criminal cases review commission review convictions and identify possible miscarriages of justice
       • point of law
         • QBD for legal opinion
   • appeals by prosecution
     • more limited routes
     • from magistrates
       • sentencing
         • if prosecution think sentence is too lenient
         • crown court
           • crown court judge can review sentencing decision if it's too lenient
       • point of law
         • High Court QBD
           • can get legal opinion about a point of law, but verdict of case will not be changed
     • from crown court
       • point of law
         • legal opinion about application of the law
         • QBD
       • sentence
         • Court of appeal
       • verdict
         • only allowed by P when there is 'compelling new evidence
           • often when there is a scientific discovery - such as new DNA techniques
           • only one appeal allowed by prosecution