Criminal Law Quiz

English Legal Method I - Fall 2024 - 2025

• Course taught by Belkıs Şahinoğlu
• Course dates: Fall 2024 - 2025

Post-Midterm Timetable

• 09.12.24: Criminal Court Structure
• 16.12.24: Precedent
• 23.12.24: Tutorial
• 30.12.24: Statutory Interpretation
• 06.01.25: Review
• 13.01.25: Final Exam

Criminal Court Structure: Contents

• Categories of criminal offences: Summary, Indictable, Triable Either Way
• Courts: Criminal Jurisdiction of Magistrates, Crown (first Instance)
• Appeal Routes
• Types of Sentence: and how they are determined
• Plea Bargaining

Procedure pre-prosecution

• Process begins with a complaint/investigation followed by arrest under legislation, common law, or warrant
• Arrested individuals must be taken to a police station
• Within 24 hours, individuals must be charged or released; police can extend this to 12 hours for further investigation
• If investigation lasts more than 36 hours, court approval is needed for further detention, with an absolute maximum of 96 hours of detention
• Northern Cyprus has a different procedure requiring charges within 24 hours or court appearance for further detention; Court extensions are in 8-day increments for a maximum of 3 months

Procedure pre-prosecution (Until 1986 and Now)

• Until 1986: Police decided if Defendants should be prosecuted
• Now: Police charge, but the CPS decides on prosecution
• Prosecution can happen without a victim complaint
• Northern Cyprus and Turkey differ, with some complaints required for prosecution (e.g., sexual assault, sexual harassment, theft, property damage)

Instead of Prosecution...

• Crime and Disorder Act 1998, Criminal Justice Act 2003, and Legal Aid, Sentencing and Punishment of Offenders Act 2012
• Bad character reference instead of criminal charge
• Penalty notice (over 18, fine), e.g., for shoplifting
• Caution (over 10), e.g., for graffiti

Deciding on the crime for prosecution...

• (No specific information provided in notes)

Categories of Criminal Offences - 'Summary'

• Relatively minor offenses, tried in magistrates' courts (330 courts in each district)
• Examples: Highway/Traffic (e.g., speeding, dangerous driving); Assault; Cruelty to animals; Criminal damage (under £5,000); Being drunk and disorderly; Driving while disqualified; Labor issues (e.g., employment of children)

Categories of Criminal Offences - 'Indictable'

• Serious offenses, tried in Crown Court
• Examples: Murder, attempted murder, conspiracy to commit murder, manslaughter, rape, shooting, maiming, burning by explosion, robbery, burglary, arson endangering life, kidnapping (hostage)

Categories of Criminal Offences - 'Triable Either Way'

• More serious than summary, but not automatically indictable.
• Examples: Theft (not robbery), drug offenses, aggravated vehicle taking (e.g. involving injury), aggravated dangerous driving (e.g. alcohol or racing involved), aggravated assault (e.g. racially motivated), criminal damage (over £5000), Arson not endangering life, Abduction/Cruelty to a child, Controlling/causing prostitution for gain, Administration of noxious substance to cause harm

Triable Either Way Offences - How do we Decide?

• Magistrates' deliberation regarding a plea
• Determining if Magistrates' sentencing powers are sufficient for the given offense (Allocation)
• Sending more serious offenses to Crown Court

Advantages/Disadvantages of Selecting Summary/Indictable

• (No specific information provided in notes)

Bail - What is it?

• Decision to prosecute involves whether defendant is kept in custody (at police station/court cell) or given bail (until conviction/sentence).
• Bail = release from custody whilst case is dealt with
• Considerations: presumption of innocence, liberty vs. importane of keeping people in custody (to secure trial attendance, prevent tampering with evidence)

Exceptions to Bail

• No bail for murder prosecutions unless reason to believe defendant won't
• Examples of reasons for no bail (imprisonable offences): fail to surrender, commit offense on bail, interfere with witnesses, commit another indictable or triable either way offense while on bail

Progression in Criminal Cases

• Prosecution
• Examination
• Cross-Examination
• Re-examination
• Defence

Court Jurisdictions – Magistrates' Court

• Original jurisdiction only
• Tries: Summary, Sentences, Trials of Triable Either Way Cases (Selected as summary)
• Referrals: Transfer some cases to Crown Court for sentencing (limited powers), Sending Indict able or Triable Either Way cases to Crown Court

Who hears cases in the Magistrates' court?

• Magistrates (2-3), District Judge
• No jury

Sentencing Powers of the Magistrates

• Limited sentencing powers:
• Maximum six-month sentence for a single offense
• 12 months for multiple offenses
• Community sentence (e.g., unpaid work)
• Fine, combination of fine + community sentence

The Court Jurisdictions – Crown Court

• Original and Appellate Jurisdiction
• Tries: Indictable Offences, Triable either way cases, where they’ve been selected as indictable
• Referrals: Defendants pleading guilty are sent from magistrates’ court for sentencing, Hearing appeals on summary offences

Who hears cases in the Crown Court?

• Circuit Judge
• High Court Judge (more serious cases e.g., Murder and Manslaughter)
• Cases heard by judge and jury
• Jury decides on facts and guilt; Judge sentences

Youth Courts

• Defendants under 18 (10-17)
• Special Magistrates Courts
• Exceptions to Crown Court, Homicide, or offenses potentially leading to 14+ year imprisonment)
• District Judge, No Jury
• Less formal process; Accompanied by parent/guardian for under 16
• Wide range of sentences available

The Appeal Structure

• Summary and Indictment appeals
• Who can Appeal?

Initial Appeal – Summary

• Defendant can appeal from Magistrates to Crown Court (s.108(1) Magistrates' Courts Act 1980).
• Appeal against sentence or conviction (or both: pleading not guilty). Appeal for just sentence with guilty plea.
• No permission needed.
• Appeal within 21 days; otherwise, permission from Crown Court is needed.
• Appeal on sentence; not a full hearing but witnesses are called in the new summary trial
• Appeals result in either confirmation, reversal, or variation of previous sentence (within Magistrate's powers)
• Prosecution cannot appeal from Magistrates' Court to Crown Court

Initial Appeal – Summary (Further Details)

• Quasi appellate jurisdiction of the Crown:
  • The Criminal Review Commission considers reviews
  • Section 11 of the Criminal Appeal Act 1995
• Initial appeal from magistrates to High Court, another option that exists
• s.111(1): Magistrates' Courts Act 1980: Acts beyond jurisdiction
• Case stated- not retrial
• Further appeal directly to Supreme Court

Initial Appeal – Indictment

• Defendant can appeal conviction or sentence to the COA Criminal Division
• Leave of the COA or trial court required, decision made by a single judge.
• Application must be made within 28 days
• Generally a 'case stated'; COA could grant a retrial if justice interests are involved

Initial Appeal – Indictment (Further Details)

• Prosecution can appeal rulings that have the effect of terminating a trial
• Criminal Justice Act 2003 is needed
• Quasi Appellate Jurisdiction of the COA
• s. 9 Criminal Appeal Act 1995 - Criminal Review Commission considers reviews
• s. 36 Criminal Justice Act 1972 – reviewing acquittal on indictments
• s. 36 Criminal Justice Act 1988 – AG refers lenient sentences of the Crown

Further Appeal

• Summary and Indictment details (flows to respective higher courts. Leave needed)

Flowcharts

• Various flowcharts detailing the criminal case progression through the courts.

Sentencing

• Different sentence types: Discharge, Fine, Community sentence, Prison, Suspended sentence, Detention & Training Order, ancillary Orders

Which Sentence?

• Factors affecting sentencing: seriousness of crime (e.g., burglary vs knife crime), circumstances, legal provisions
• Impact on victim/harm, blameworthiness.
• Criminal record, plea (early guilty plea). Mitigation (e.g., genuine remorse)

Sentencing Guidelines from COA and Sentencing Council

• Guidelines for sentencing children and young people
• Community and Custodial guidelines, guidelines regarding Robbery and Theft
• Guidelines for Fraud, bribery, health & safety offenses, corporate manslaughter

Plea Bargaining

• s.144 Criminal Justice Act 2003: Guidelines considered in determining sentences given plea of guilty
• Sentencing Council Guidelines (as of March 7, 2017) for plea reductions
• Aim of encouraging early guilty pleas: reduce impact on victims, save victim/witness time, reduce public costs

Reduction in Sentence (at different stages)

• Reduction in available sentences

How Sentencing is Applied

• Reducing sentence types: prison > community > fine
• Reducing sentence length (at different stages) based on the plea, triable offenses, and criminal jurisdiction.