Criminal Law Quiz: Offences and Procedures
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Questions and Answers

What are the three categories of criminal offences?

Summary, Indictable, and Triable Either Way.

What is the maximum time an arrested individual can be detained without charge in England?

96 hours.

What body decides whether to prosecute after charges are laid by police?

The Crown Prosecution Service (CPS).

What is a 'CAUTION' in the context of criminal proceedings?

<p>A formal warning given to individuals over age 10 for minor offences.</p> Signup and view all the answers

In which courts are summary offences tried?

<p>Magistrates' courts.</p> Signup and view all the answers

Can the prosecution occur without a victim's complaint?

<p>Yes, especially in cases handled by the CPS.</p> Signup and view all the answers

What types of offences fall under 'Indictable' offences?

<p>Serious crimes such as murder and assault.</p> Signup and view all the answers

Which act allows for a penalty notice to be issued to individuals over 18?

<p>The Crime and Disorder Act 1998.</p> Signup and view all the answers

What types of offences are classified as 'triable either way'?

<p>Theft, drug offences, aggravated vehicle taking, and ABH are examples of 'triable either way' offences.</p> Signup and view all the answers

What happens if a defendant pleads guilty in a triable either way offence?

<p>If a defendant pleads guilty, they may be sentenced by the Magistrates or, if necessary, by the Crown Court.</p> Signup and view all the answers

How does the court decide whether a case is suitable for summary trial?

<p>The court considers the severity of the offence and whether the sentencing powers of the Magistrates are sufficient.</p> Signup and view all the answers

What is bail in the context of court proceedings?

<p>Bail is the release from custody while a defendant's case is being processed, allowing them freedom until conviction or sentencing.</p> Signup and view all the answers

What types of serious offences are exclusively tried in the Crown Court?

<p>Murder, manslaughter, and rape are examples of serious offences that can only be tried in the Crown Court.</p> Signup and view all the answers

What is the significance of the term 'indictable' in criminal law?

<p>'Indictable' refers to serious offences that require a formal charge and trial by jury in the Crown Court.</p> Signup and view all the answers

What is the primary role of the jury in murder and manslaughter cases?

<p>The jury decides on the facts and guilt of the defendant.</p> Signup and view all the answers

What determines whether a case can be handled in a Magistrates' Court?

<p>The case must involve offences suitable for summary trial, as assessed by the Magistrates based on factors like potential sentencing.</p> Signup and view all the answers

In youth courts, what is required if a defendant is under 16 years old?

<p>The defendant must be accompanied by a parent or guardian.</p> Signup and view all the answers

What are the consequences if a defendant pleads not guilty in a triable either way case?

<p>If a defendant pleads not guilty, the case may proceed to a trial where the allocation will determine court handling.</p> Signup and view all the answers

What are the powers of sentencing for the Crown compared to Magistrates?

<p>Crown's sentencing powers are wider, including the option for prison.</p> Signup and view all the answers

What is the timeframe for a defendant to appeal from the Magistrates' Court?

<p>An appeal must be made within 21 days.</p> Signup and view all the answers

Can the prosecution appeal from the Magistrates to the Crown Court?

<p>No, the prosecution cannot appeal from the Magistrates to the Crown Court.</p> Signup and view all the answers

What must the appeal from the Magistrates to the High Court focus on?

<p>It must focus on a point of law or jurisdiction.</p> Signup and view all the answers

What happens during an appeal against conviction in the Magistrates' Court?

<p>It involves a full rehearing with witnesses but no jury.</p> Signup and view all the answers

What is required for a defendant to appeal to the Court of Appeal from Crown Court?

<p>Leave of the Court of Appeal or trial court is required.</p> Signup and view all the answers

What is one condition that may be imposed on a defendant granted conditional bail?

<p>The defendant may be required to keep away from named places or people, such as witnesses.</p> Signup and view all the answers

Under what circumstances can a defendant be denied bail according to the Bail Act 1976?

<p>A defendant can be denied bail if they are charged with murder or if there are grounds to believe they may fail to surrender.</p> Signup and view all the answers

What type of cases does the Magistrates' Court primarily handle?

<p>The Magistrates' Court primarily handles summary cases and some triable either way cases selected for summary trial.</p> Signup and view all the answers

Who has the authority to sentence in the Magistrates' Court?

<p>Cases in the Magistrates' Court are typically handled by magistrates or a district judge without a jury.</p> Signup and view all the answers

What type of juristic powers does the Crown Court hold?

<p>The Crown Court has both original and appellate jurisdiction, handling indictable offences and appeals from the Magistrates' Court.</p> Signup and view all the answers

What is the maximum sentence a Magistrate can impose for a single offence?

<p>The maximum sentence a Magistrate can impose for a single offence is six months.</p> Signup and view all the answers

How has the power of magistrates regarding fines changed after 2015?

<p>After 2015, magistrates' court can impose unlimited fines in most cases.</p> Signup and view all the answers

What type of judge commonly hears cases in the Crown Court?

<p>Cases in the Crown Court are commonly heard by a Circuit Judge or a High Court Judge for more serious matters.</p> Signup and view all the answers

What is a suspended sentence and under what conditions can it lead to imprisonment?

<p>A suspended sentence is a prison sentence between 14 days and 2 years, which allows the offender to serve their time in the community under certain conditions. If these conditions are violated, the offender must serve the original sentence in prison.</p> Signup and view all the answers

What is the time frame within which a leave application must be made for an appeal decided by a single judge?

<p>28 days</p> Signup and view all the answers

What is a Detention and Training Order, and who is eligible for it?

<p>A Detention and Training Order is for young offenders aged 12-17, lasting from 4 months to 2 years, with the first half spent in custody and the remaining time in the community. It is intended to address juvenile criminal behavior while providing training.</p> Signup and view all the answers

How does the seriousness of the crime influence sentencing decisions?

<p>The seriousness of the crime, such as whether it involved a weapon or targeted vulnerable individuals, significantly impacts the court's sentencing decisions. More severe crimes typically lead to harsher penalties.</p> Signup and view all the answers

Under what condition can the Court of Appeal grant a retrial when appealing against conviction?

<p>If it is 'in the interests of justice'</p> Signup and view all the answers

What is the effect of a guilty plea on sentencing length, according to the Criminal Justice Act 2003?

<p>A guilty plea can reduce the sentence, with a maximum reduction of up to one-third if entered at the first stage of the proceedings. Early guilty pleas help minimize the impact on victims and the judicial process.</p> Signup and view all the answers

What allows the prosecution to appeal rulings that terminate a trial?

<p>Leave under the Criminal Justice Act 2003</p> Signup and view all the answers

What role do mitigating circumstances play in sentencing?

<p>Mitigating circumstances, like personal issues or early guilty pleas, can lead to a lighter sentence by demonstrating factors that reduce the defendant's blameworthiness. The court considers these to provide fair sentencing.</p> Signup and view all the answers

What role does the Criminal Cases Review Commission play in relation to cases under s.9 of the Criminal Appeal Act 1995?

<p>It sends cases for review.</p> Signup and view all the answers

What is an example of a non-punitive sentence that can be applied for the least serious offences?

<p>Discharge</p> Signup and view all the answers

What is an ancillary order and give an example?

<p>An ancillary order is an additional requirement imposed on an offender, such as compensation to the victim or a ban on drinking alcohol. These orders are meant to address specific circumstances related to the crime.</p> Signup and view all the answers

What guidelines assist the courts in determining sentences for specific offenses?

<p>The Sentencing Council Guidelines provide frameworks for sentencing that account for the nature of the crime and the offender's history. These guidelines help ensure consistency and fairness in sentencing across different cases.</p> Signup and view all the answers

What type of sentence is referred to as 'custodial' and under what circumstances is it typically imposed?

<p>Prison, imposed for serious offences or a bad record.</p> Signup and view all the answers

What is the purpose of a community sentence and name one component of it?

<p>To serve a punishment that benefits the community; unpaid work.</p> Signup and view all the answers

What happens if an offender commits another crime while on a suspended sentence?

<p>If an offender commits another crime while on a suspended sentence, they face the original sentence plus any new sentence for the subsequent offense. This can lead to a significant increase in time served.</p> Signup and view all the answers

What distinguishes a determinate sentence from an indeterminate sentence?

<p>A determinate sentence has a fixed length, while an indeterminate sentence has a minimum tariff set by the judge.</p> Signup and view all the answers

Flashcards

Triable Either Way Offences

Criminal offences that can be tried in either the Magistrates' Court (summary trial) or the Crown Court (indictable trial).

Allocation

The process of the court deciding whether a 'triable either way' offence should be tried summarily or indictably.

Insufficient Sentencing Powers

Sentencing powers of the Magistrates' Court may be insufficient for a particular 'triable either way' offence.

Presumption of Innocence

A legal presumption that an accused person is innocent until proven guilty in a court of law.

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Bail

The release of an accused person from custody pending their trial, subject to conditions.

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Custody

The requirement to keep a person in custody, usually in a police station or prison, before their trial.

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Bail Decision

The process of determining whether or not to release an accused person on bail.

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Balance of Factors in Bail Decisions

Factors considered when deciding whether to grant bail, such as the seriousness of the offence and the risk of the accused re-offending or absconding.

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Conditional Bail

The release of a defendant from custody with conditions attached, aimed at preventing them from interfering with the trial process.

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Surety

A person who promises to financially guarantee a defendant's appearance in court, ensuring they don't flee.

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Fitness to Plead Examination

The process by which a defendant is questioned by a lawyer to determine if they are fit to stand trial, including their ability to understand the charges and assist with their defense.

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Magistrates' Court

The court that handles a variety of criminal cases, including summary offenses, triable either way offenses, and certain indictable offenses.

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Summary Trial

A type of criminal trial where no jury is involved, and the judge or magistrates decide on guilt or innocence.

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Indictable Trial

A type of criminal trial that involves a jury, a judge, and more serious offenses.

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Crown Court

The highest court in the criminal justice system, handling the most serious crimes and appeals from lower courts.

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Summary Offences

Relatively minor offences that are typically dealt with in the Magistrates' Court. They are defined by statute and can be prosecuted through a straightforward process.

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Indictable Offences

These are serious crimes that are tried in a higher court, typically the Crown Court. They require a more complex legal procedure and can result in harsher punishments. Examples include murder, rape, and robbery.

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Decision to Prosecute

The prosecution decides whether to bring a criminal case to court. It can be initiated even without a victim's complaint in certain cases. This decision is made by the Crown Prosecution Service (CPS) in England and Wales.

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Plea Bargaining

A process where the prosecution and defense agree on a plea deal. The defendant may plead guilty to a lesser charge or receive a reduced sentence in exchange for a guilty plea. This avoids a trial and saves time and resources for the courts.

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Alternatives to Prosecution

Alternative measures to prosecution that serve as a kind of warning or punishment. These can include cautions, penalty notices, or community orders. They avoid formal charges and are aimed at addressing low-level offences and preventing future wrongdoing.

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Initial Appeal: Magistrates to Crown Court

The initial appeal process for cases tried in the Magistrates Court, where a defendant can challenge the conviction or sentence, often involving a full rehearing of the case, but with no jury.

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Case Stated: Magistrates to High Court D.C. KBD

A type of appeal where a defendant seeks a review of the conviction or sentence imposed by the Magistrates, focusing on whether the Magistrates acted within their legal authority or if there were errors in the legal process, rather than a full retrial of the case.

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Initial Appeal: Crown to Court of Appeal

The appeal process for cases tried in the Crown Court, where a defendant can appeal against the conviction or sentence, often requiring permission from the Court of Appeal.

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Jury Role in Criminal Trials

The role of the jury in a criminal trial is to decide on the facts of the case and determine whether the defendant is guilty or not guilty. Their decision is based on the evidence presented during the trial.

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Sentencing Powers of the Crown Court

The sentencing powers of the Crown Court are broader and more extensive compared to the Magistrates' Court, allowing for a wider range of sentences, including imprisonment.

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Jurisdiction of Special Magistrates' Courts

The Special Magistrates' Courts handle minor offenses, regardless of their classification, while cases involving serious offenses, like homicide or those carrying a potential sentence of 14 years or more, are typically handled by the Crown Court.

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Appeal Rights: Magistrates to High Court D.C. KBD

While both the prosecution and defense can appeal from the Magistrates Court to the High Court D.C. KBD, only the defense can appeal from a Magistrates Court to Crown Court decision to the High Court D.C. KBD.

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Prosecution Appeal Rights: Magistrates to Crown Court

The prosecution cannot appeal a decision made by the Magistrates' Court to the Crown Court. Instead, the prosecution can rely on the quasi-appellate jurisdiction of the Criminal Review Commission.

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Prosecution Appeal

An appeal where the Crown Court is seeking leave to appeal a ruling that effectively ended the trial. This appeal route allows for the prosecution to challenge decisions made by the lower court.

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COA Review of Crown Decisions

A process where the Court of Appeal (COA) reviews decisions made by the Crown Court. This allows for a higher court to examine the fairness and legality of the lower court's verdicts.

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Custodial Sentence

A sentence that involves a period of confinement in a prison.

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Unpaid Work Sentence

A sentence that does not involve imprisonment but includes a specified period of work, usually unpaid, for a particular number of hours. This is one of the most common community sentences.

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Fine Sentence

A sentence that imposes a financial penalty on the offender, usually determined by the severity of the offence and the offender's financial means.

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Conditional Discharge

A sentence that allows the individual to avoid any immediate punishment but still carries a criminal record. These sentences may impose conditions, if broken, could lead to further punishment.

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Determinate Sentence

A sentence that involves a fixed term of imprisonment, after which the individual is released on license. This means they can be recalled to prison if they violate conditions.

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Indeterminate Sentence

A sentence that requires the individual to serve a minimum period of imprisonment, after which they are eligible for parole. The exact release date is then decided, and it can vary based on individual factors.

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Suspended Sentence

A sentence where the offender is not immediately sent to prison but is instead supervised in the community and required to meet certain conditions, such as a curfew or treatment programs.

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Detention and Training Order

A sentence imposed on offenders aged 12-17, involving a combination of custody (first half) and community supervision (second half).

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Ancillary Orders

Additional orders attached to a sentence, such as compensation, drinking bans, driving disqualifications, or exclusion orders.

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Guilty Plea Reduction

A reduction in the sentence given to an offender who pleads guilty to a crime, encouraging early admissions.

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Sentencing Factors

Factors considered by the court when deciding on a suitable sentence, including the seriousness of the crime, the circumstances, the impact on the victim, the offender's blameworthiness, and their criminal history.

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Sentencing Guidelines

Steps taken by the court to ensure the sentence is appropriate for the crime and the offender, considering guidelines from the Sentencing Council and Court of Appeal.

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Sentencing Children and Young Persons

Specialized guidelines for sentencing children and young persons, focusing on community and custodial options appropriate for their age and development.

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Sentencing Guidelines for Specific Offenses

Sentencing guidelines that provide guidance on punishments for specific offenses, such as robbery, theft, fraud, bribery, and health and safety offenses.

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Study Notes

English Legal Method I - Fall 2024-2025

  • Course taught by Belkıs Şahinoğlu
  • Course dates are 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 offenses: Summary, Indictable, Triable Either Way
  • Courts: Criminal Jurisdiction of Magistrates, Crown (first Instance)
  • Appeal Routes
  • Types of sentence and determination
  • Plea Bargaining

Procedure Pre-Prosecution

  • Starts with complaint/investigation, arrest under legislation, common law, or warrant.
  • Arrested individuals must be brought to police station within 24 hours for charging or release.
  • Further investigation: Police can extend detention for 12 hours. If over 36 hours, court approval is required. Maximum detention is 96 hours.
  • Northern Cyprus: Arrested individuals must be charged within 24 hours or brought to court for further detention. Court can extend in 8 day increments up to a maximum of 3 months
  • Until 1986: Police made the decision to prosecute. Now, the CPS makes the decision.
  • Prosecution can happen irrespective of a victim's complaint.
  • Note differences in Turkey and Northern Cyprus regarding the necessity of victim complaints in certain cases (sexual assault, sexual harassment, theft, property damage).

Instead of Prosecution...

  • Relevant Acts: Crime and Disorder Act 1998, Criminal Justice Act 2003, and Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • Alternative to criminal charges: Bad character reference
  • Penalty Notice (18+ - fine), for example, shoplifting

Deciding on the Crime for Prosecution...

  • This section doesn't provide specific information regarding the topic

Categories of Criminal Offences - Summary

  • Relatively trivial offenses, tried in Magistrates' Courts (330 courts) in the relevant district where the offense occurred.
  • Examples: Highway/traffic offences (speeding, dangerous driving), assault, cruelty to animals, criminal damage (under £5,000), being drunk and disorderly, driving while disqualified, labor issues (employment of children)

Categories of Criminal Offences - Indictable

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

Categories of Criminal Offences - Triable Either Way

  • More serious, but not inherently indictable. Can be tried as summary or indictable
  • Examples: Theft (not robbery or burglary), drug offences, aggravated vehicle taking, aggravated dangerous driving, ABH, aggravated common assault, criminal damage, abduction, cruelty to a child, controlling/causing prostitution for gain or administering noxious substance to cause harm.

Triable Either Way Offences...how do we decide?

  • Magistrates' deliberation, plea (guilty/not guilty), allocation; suitability of summary trial
  • The severity of the offenses affects the decision as to which court handles the trial
  • Sentencing and powers of Magistrates
  • Magistrates' power to sentence is insufficient; referral to the Crown Court for sentencing.

Advantages/Disadvantages of Selecting Summary/Indictable

  • This part of the presentation isn't covering advantages and disadvantages

Bail - What is it?

  • After the decision to prosecute, and if the defendant pleads not guilty, judicial determination is made to either remand the defendant in custody or grant bail.
  • Bail is release from custody while the case is being dealt with.
  • Balance is sought between the presumption of innocence and liberty vs. ensuring the defendant attends trial.
  • Conditional bail conditions can include: keeping away from certain places or people, payment of a bond, reporting, no driving, electronic tagging

Exceptions to Granting Bail

  • No bail for murder prosecutions (s.4 Bail Act 1976) unless there's reason to believe the defendant will: fail to surrender, commit an offense on bail, interfere with witnesses, commit another indictable/triable either-way offense while on bail, or pose a risk of harm.

Progression of Criminal Cases

  • Prosecution, Examination, Cross-examination, Re-examination, Defense
  • This part focuses on the order of presentation

The Court Jurisdictions – Magistrates' Court

  • Original jurisdiction only
  • Tries: Summary, Sentence/try Triable either way selected as summary trial
  • Referrals: Transfers some cases to Crown Court (limited powers), sends indictable/triable-either-way cases to Crown Court for trial

Who hears cases in the Magistrates' Court?

  • 2 or 3 Magistrates
  • District Judge

Sentencing Powers of the Magistrates

  • Limited sentencing powers, maximum six months for a singular offense, maximum 12 months for multiple offenses, community sentence options, combinations of fines and community sentences.
  • Fines up to £5,000. After 2015, fines are unlimited in magistrates' courts. Indictments involving more significant sentences are passed to Crown Court.

The Court Jurisdictions - Crown Court

  • Original and Appellate Jurisdiction
  • Tries: Indictable, Triable Either Way (selected as indictable by Magistrates or Defendant)
  • Referrals: Defendants pleading guilty sent from Magistrates' court for sentencing, hears appeals from Magistrates (summary offenses).

Who hears cases in the Crown?

  • Circuit Judge (lesser offenses)
  • High Court Judge (more serious offenses - Murder, Manslaughter)
  • Cases heard by judge and jury
  • Role of Jury: decides facts and guilt
  • Role of Judge: sentencing

Youth Courts

  • Special Magistrates Courts for defendants under 18
  • Exceptions: Homicide (including death by dangerous/intoxicated driving), certain offenses carrying potential for 14+ years imprisonment.
  • 3 Magistrates or a District Judge
  • No jury
  • Less formal procedures
  • Wide range of sentences

The Appeal Structure

  • Summary and Indictment appeals, different procedures for both
  • Appeals from Magistrates to Crown Court: defendant can appeal sentence or conviction, or appeal both
  • No permission required for appeal; appeal within 21 days

Initial Appeal – Summary -Mag to Crown Court

  • Defendant may appeal to the Crown Court from the Magistrates court.
  • Appeals cover conviction/sentence or both. Separately, sentence only.
  • Appeals don't require court permission.
  • Appeals must occur within 21 days of judgment.

Quasi Appellate Jurisdiction of the Crown

  • Criminal Review Commission
  • Criminal Procedure rules

Initial Appeal – Summary – Mag to the High Court D.C. KBD

  • Alternative appeals from Magistrates to High Court, defendant only.
  • On a point of law
  • As “Case Stated” = no retrial

Initial Appeal – Indictment – Crown to the COA Criminal Division

  • Defendant can appeal if there was a conviction or sentence.
  • Leave from the COA or trial Court is required.
  • Leave determination depends on a singular judge.

Initial Appeal - Indictment – Crown to the COA Criminal Division (Prosecution)

  • Prosecution ability to appeal ruling affecting trial termination under Criminal Justice Act 2003.
  • Quasi-appellate jurisdiction of the COA
  • Examples like s.9 Criminal Appeal Act 1995, s. 36 Criminal Justice Act 1972, s. 36 Criminal Justice Act 1988.

Further Appeal

  • Summary: Magistrates→Crown Court→Supreme Court
  • Indictment: Crown Court→Supreme Court through COA
  • Leave needed in certain circumstances

Summary and Indictment Flowchart

  • Summary offenses go from Magistrate to Crown Court, then Supreme Court
  • Indictable offenses go from Crown Court to COA to Supreme Court.

The Criminal Cases Review Commission

  • Reviews Magistrates' and Crown Court decisions to appeal.
  • Areas of appeal include: lenient sentences, points of law

Sentences

  • Discharge (least serious offences), Fine (less serious offences), Community Sentence (unpaid work, curfew, restricted places, mental health program, reparation orders, rehabilitation orders), Prison (custodial sentence)

Suspended Sentence

  • Prison sentence between 14 days to 2 years, not immediate incarceration
  • Conditionally imposed requirements e.g. curfew, treatment, specific places
  • Failure to meet conditions = serving original sentence
  • If the defendant has another crime committed = original sentence plus new sentence

Detention and Training Order (12- 17 Years)

  • 4 months-2 years custody. First half in custody; then the rest of the time is supervision
  • More serious cases with extended custody & special supervision like electronic tags.
  • Murder has set minimum time for custody followed by lifelong supervision

Ancillary Orders

  • Compensation, drinking bans, disqualification from driving, exclusion orders

Which Sentence?

  • Factors regarding crime severity
  • Circumstance and legal provisions
  • Impact on Victim
  • Blame worthiness
  • Criminal record(if applicable)
  • Guilty plea and timing
  • Mitigated circumstances, family considerations
  • Potential for a different sentence

Sentencing Guidelines

  • Sentencing Council guidelines for children and young persons, community and custodial guidelines, robbery, theft, fraud, bribery, health and safety
  • Guidelines from COA and Sentencing Council

Plea Bargaining?

  • s. 144 Criminal Justice Act 2003
  • Guidelines exist to aid sentencing determination and encourage early guilty pleas
  • Benefits include victim impact reduction, victim/witness testimony savings, and cost savings

Reduction in Sentence

  • Gradual reduction from ⅓ to 1/10 possible based on pleading time
  • Reductions based on initial stages leading up to final plea
  • Reductions possible from Custodial sentence (prison) to Community Sentence to fines
  • Sentence reductions from 10 to 5
  • The lower sentencing power and the time the case was in Magistrates Court led to sentence reduction

How reductions are applied

  • Reduction based on type and length of sentencing given
  • Reductions based on guilty pleas, trial procedure, type of offenses
  • Trial reductions based on plea time and offense

Flowcharts

  • Series of flowcharts showing the judicial procedures and options based on guilty or not guilty pleas for both summary and indictable offenses

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Test your knowledge on the categories of criminal offences, detention regulations, and court proceedings in England. This quiz covers various aspects of criminal law, including types of offences and the role of the jury. Challenge yourself and see how well you understand the intricacies of the legal system!

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