AS Law G151 - Criminal Courts and Appeals
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- Created by: Jess Dixon
- Created on: 23-04-17 14:45
What are the three types of criminal offences?
1) Summary. 2) Triable either way. 2) Indictable.
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Where are summary offences tried?
Magistrates Court
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What do summary offences include?
Driving offences, Common assault and minor criminal damage costing more than £5000.
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How long can you get in prison for summary offences?
6 months imprisonment.
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What is the maximum fine for summary offences?
£5000
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Where can triable either way (TEW) offences be tried?
EITHER Magistrates OR Crown
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What do TEW offences include?
Theft, ABH or handling stolen goods.
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What are Indictable offences?
Most serious offences.
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Where are Indictable offences tried?
ALWAYS Crown court.
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What do Indictable offences include?
Murder, Manslaughter and ****.
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What happens if the D pleads guilty?
Court decides what sentence the D should get.
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What happens if the accused pleads NOT guilty?
Try the case and decide if accused is guilty or not guilty.
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TEW offences: What is a 'Plea before venue' hearing?
Where the D has pleaded guilty, then goes to the Magistrate's Court, but they have the power to refer it to the Crown Court if necessary.
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TEW offences: What is a 'Mode of trial' hearing?
Where the D has pleaded not guilty and courts have to decide which court it needs to be heard in.
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TEW offences: What do the Magistrate's have to consider when deciding where to send the case?
Facts, seriousness of case and their powers of sentencing.
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What is the maximum fine and sentence the Magistrate's can give?
£5000 and one year imprisonment.
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What happens when the Magistrate accepts jurisdiction over the case?
The D is given the choice of which court to go to.
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Name 3 advantages of going to the Magistrates Court...
1) Quick. 2) Trial is less daunting. 3) Sentences are lower.
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Name a disadvantage of going to the Magistrates Court...
Higher chance of being convicted and being found guilty.
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Name 3 advantages of going to the Crown Court...
1) More likely to be acquitted and found not guilty. 2) Juries are less case hardened. 3) D is more likely to get legal funding.
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Name 3 disadvantages of going to the Crown Court...
1) May be a long wait before trial. 2) More daunting. 3) Higher power of sentencing than Magistrates.
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What is a 'Criminal Appeal'?
Where the defence or prosecution ask a higher court to review the decision of a lower court.
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Appeals from Magistrates to Crown: Who is this only available to?
The defence.
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Appeals from Magistrates to Crown: Is appealing to the Crown Court an Automatic right?
Yes.
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What are mag-crown appeals for?
Appeals against conviction/sentence length.
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Appeals from Magistrates to QBD: Who is this route available to?
Both Defence and Prosecution.
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Appeals from Magistrates to QBD: Do you need leave to appeal?
Yes.
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What can they only appeal against when appealing to QBD?
The conviction.
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Appeals from QBD to Supreme Court: Who is this available to?
Both Defence and Prosecution.
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Appeals from QBD to Supreme Court: What must the appeal involve?
Public importance.
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Appeals from QBD to Supreme Court: Do you need leave to appeal?
Yes.
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Defence Appeals from Crown Court to COA: What can you appeal against?
Conviction and sentence.
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Defence appeals from Crown Court to COA: How long do you have to make the appeal?
28 days.
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Defence Appeals from Crown Court to COA: Do you need leave to appeal?
Yes.
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Defence appeals from Crown Court to COA: What can they ONLY do to the sentence?
Decrease it.
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Prosecution appeals from Crown Court to QBD: What verdict can they ONLY appeal against?
Guilty.
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Prosecution appeals from Crown Court to QBD: When can the prosecution make the appeal?
When the jury or witnesses have been nobbled (Bribed or threatened by associates of the D)
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Prosecution appeals from Crown Court to QBD: What can QBD do?
Order a re-trial.
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Appeals from Crown Court to COA: What did the Criminal Justice Act 2003 do?
Abolished the double jeopardy rule.
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Appeals form Crown Court to COA: When will an appeal be allowed?
Where there is new and compelling evidence e.g. DNA
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Appeals from Crown Court to COA: What can they do after the appeal?
Order a re-trial.
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Against Sentencing From Crown Court to COA: What did S.36 of the Criminal Justice Act 1988 state?
The AG can appeal against an unduly lenient sentence.
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Against Sentencing From Crown Court to COA: Who is this route only available to?
Prosecution.
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Against Sentencing From Crown Court to COA: What can they do after the appeal?
Increase sentence.
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Further Appeals: Who are further appeals available to?
Both prosecution and defence.
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Further Appeals: What must there be when making further appeals?
Must be a point of law of general public importance.
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Further Appeals: Do you need leave to appeal?
Yes.
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Other cards in this set
Card 2
Front
Where are summary offences tried?
Back
Magistrates Court
Card 3
Front
What do summary offences include?
Back
Card 4
Front
How long can you get in prison for summary offences?
Back
Card 5
Front
What is the maximum fine for summary offences?
Back
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