LAW 01: Law Making and the Legal System

Transcription

1 LAW 01: Law Making and the Legal System

2 Recap: The Criminal Courts Supreme Court Court of Appeal (Criminal Division) Crown Court Queen s Bench Divisional Court QBD (High Court) Magistrates Court

3 Recap: Classification of Offences Category of offence Place of trial Examples of offences Summary Magistrates Court Common assault Driving without insurance Taking a vehicle without consent Triable either way Magistrates Court OR Crown Court Assault occasioning ABH Theft Indictable Crown Court s.18 OAPA 1861 Obtaining property by deception Murder Manslaughter Rape

4 Role of the Courts If the D pleads guilty, they sentence. If the D pleads not guilty, trial and sentencing upon conviction.

5 The Magistrates Court Jurisdiction Deals with approximately 98% of criminal cases Some limited civil jurisdiction (non-payment of council tax and TV licences), but most of its work is dealing with criminal offences. Issues arrest and search warrants Decides on bail Conducts sending for trial hearings for indictable cases such as murder Trying summary offences such as assault Trying TEW offences that are to be tried summarily, such as theft. Dealing with young offenders in the Youth Court.

6 Appeals from the Magistrates Court There are 2 different routes of appeal from the Magistrates Court: 1.To the Crown Court (usual route) 2.To the Queen s Bench Divisional Court (by way of case stated) (unusual)

7 Appeals from the MC to the CC Normal route of appeal from MC Only available to the defence D has an automatic right to appeal and does not need to get leave to appeal. If D pleaded guilty at MC can appeal sentence If D pleaded not guilty at MC can appeal conviction and or sentence At CC completely reheard by a judge and two magistrates

8 Where the Appeal is against conviction they can: Confirm the conviction Reverse the decision Vary the decision Where the Appeal is against sentence they can Increase or decrease it

9 Appeals from MC to QBD by way of case stated Case stated appeal = Appeal on a point of law the magistrates made a mistake about the law or acted beyond their powers Both prosecution (against an acquittal) & defence (against a conviction) can appeal It is not a retrial. The magistrates state the case by setting out their findings of fact and their decision. The appeal is argued on the basis of what the law is on those facts. Heard by 2/3 High Court judges May confirm, vary or reverse the decision or remit (send back) to the MC.

10 Further appeal from QBD to the Supreme Court Can only be made if: 1.QBD certifies that a point of law of general public importance is involved; and 2.QBD or Supreme Court gives permission to appeal

11 Recap: Criminal Appeal Structure for a Magistrates Court Trial Court for initial trial: MC Court of First Instance. Hears trials for summary offences. First Appeal Court: Crown Court or QBD Either: To QBD by way of case stated on a point of law; or To Crown Court (against conviction or sentence) Final Appeals: COA and SC Either: From QBD to Supreme Court (leap frog); or From CC to COA and then to Supreme Court.

12 The Crown Court Jurisdiction Deals exclusively with serious criminal cases. Trying indictable cases such as murder Trying TEW offences that are to be tried on indictment, eg theft Sentencing where MC powers are limited Appeals from the MC against conviction or sentence. Appeals from CC go to COA (Criminal Div)

13 Appeals from the CC Appeals by D to COA D can appeal against conviction or sentence D needs to get leave to appeal from COA or a certificate that the case is fit to appeal from the trial judge. COA can allow an appeal against conviction if they think it is unsafe. They can quash or vary the conviction. COA can decrease the sentence but cannot increase it on the D s appeal. COA can order a retrial.

14 Appeals from the CC Appeals by Prosecution to COA Some limited rights to appeal from the CC. Appeal against a judge s ruling on a point of law which effectively stops the case against the D. This ensures that an error of law by the judge does not lead to an acquittal. Can only appeal against an acquittal by a jury where: 1. The acquittal was due to the jury being nobbled. 2. There is new & compelling evidence of guilt. CJA 1972 allows the AG to refer a point of law to the COA to get a ruling on the law. CJA 1988 allows the AG to apply for leave to refer an unduly lenient sentence to the COA for re-sentencing.

15 Further appeal from CC to Supreme Court Both prosecution and defence may appeal Must involve a point of law of general public importance Need permission to appeal from CC or SC. Very few criminal appeals are heard by the SC.

16 Criminal Appeal Structure for a Crown Court trial Court for initial trial: Crown Court Crown Court trial on indictment First Appeal Court: Court of Appeal (Criminal Division) D can appeal against conviction or sentence but needs permission COA can quash conviction if it is unsafe or can decrease sentence. Pros can only appeal against acquittal if jury nobbling or new compelling evidence. Final Appeals: The Supreme Court Point of law of general public importance.