Podcast
Questions and Answers
What is the maximum duration an arrested individual can be detained without charging?
What is the maximum duration an arrested individual can be detained without charging?
- 48 hours
- 36 hours
- 96 hours (correct)
- 24 hours
Which category of criminal offences includes less serious crimes tried in Magistrates' courts?
Which category of criminal offences includes less serious crimes tried in Magistrates' courts?
- Serious offences
- Summary offences (correct)
- Indictable offences
- Triable Either Way offences
Who makes the decision to prosecute after charges are laid by the police?
Who makes the decision to prosecute after charges are laid by the police?
- The Defence Counsel
- The Magistrate
- The CPS (correct)
- The victim
What is a possible outcome instead of prosecution under the Crime and Disorder Act?
What is a possible outcome instead of prosecution under the Crime and Disorder Act?
For how long can a court extend the detention of an individual beyond the initial period?
For how long can a court extend the detention of an individual beyond the initial period?
Which one of the following is NOT categorized as a Summary offence?
Which one of the following is NOT categorized as a Summary offence?
What differentiates Indictable offences from Summary offences?
What differentiates Indictable offences from Summary offences?
What type of offence may require a victim's complaint for prosecution in Northern Cyprus and Turkey?
What type of offence may require a victim's complaint for prosecution in Northern Cyprus and Turkey?
Which of the following offences is classified as an indictable offence?
Which of the following offences is classified as an indictable offence?
What occurs after a defendant pleads guilty in the summary trial process?
What occurs after a defendant pleads guilty in the summary trial process?
What determines whether a triable either way offence is tried as summary or indictable?
What determines whether a triable either way offence is tried as summary or indictable?
Which of the following is NOT classified under the category 'triable either way'?
Which of the following is NOT classified under the category 'triable either way'?
What does bail refer to in the context of criminal proceedings?
What does bail refer to in the context of criminal proceedings?
What happens if a defendant pleads not guilty in the triable either way process?
What happens if a defendant pleads not guilty in the triable either way process?
Which of the following offences involves the use of a harmful substance?
Which of the following offences involves the use of a harmful substance?
When a defendant is questioned about bail, what is being assessed?
When a defendant is questioned about bail, what is being assessed?
What is the primary requirement for an application for leave to be made?
What is the primary requirement for an application for leave to be made?
Under which act can the prosecution appeal rulings that terminate the trial?
Under which act can the prosecution appeal rulings that terminate the trial?
What type of jurisdiction does the Criminal Cases Review Commission possess?
What type of jurisdiction does the Criminal Cases Review Commission possess?
Which of the following sentences is considered the least serious?
Which of the following sentences is considered the least serious?
What is the maximum number of unpaid work hours in a community sentence?
What is the maximum number of unpaid work hours in a community sentence?
What defines an 'indeterminate' custodial sentence?
What defines an 'indeterminate' custodial sentence?
What is a key distinction of a Community Sentence for individuals under 18?
What is a key distinction of a Community Sentence for individuals under 18?
Which of the following is a common reason for the Attorney General to refer a case under the Criminal Justice Act 1988?
Which of the following is a common reason for the Attorney General to refer a case under the Criminal Justice Act 1988?
What is one possible condition for granting conditional bail?
What is one possible condition for granting conditional bail?
Under what circumstances might a defendant not be granted bail?
Under what circumstances might a defendant not be granted bail?
Which courts have limited sentencing powers?
Which courts have limited sentencing powers?
Who hears cases in the Magistrates' Court?
Who hears cases in the Magistrates' Court?
What type of cases does the Crown Court typically try?
What type of cases does the Crown Court typically try?
What happens if a Magistrate believes a case requires a higher sentence than they can impose?
What happens if a Magistrate believes a case requires a higher sentence than they can impose?
What is the maximum fine a Magistrates' Court could impose after 2015?
What is the maximum fine a Magistrates' Court could impose after 2015?
Which of the following represents a reason bail may be refused for a defendant?
Which of the following represents a reason bail may be refused for a defendant?
What is the main role of the jury in murder and manslaughter cases?
What is the main role of the jury in murder and manslaughter cases?
Which court hears cases involving defendants under the age of 18?
Which court hears cases involving defendants under the age of 18?
What must happen when a defendant under 16 is present in a Magistrates Court?
What must happen when a defendant under 16 is present in a Magistrates Court?
How long does a defendant have to file an appeal from the Magistrates' Court?
How long does a defendant have to file an appeal from the Magistrates' Court?
Which of the following best describes the appeal process when appealing a conviction?
Which of the following best describes the appeal process when appealing a conviction?
What type of jurisdiction allows for the Criminal Review Commission to send cases for review under the Criminal Appeal Act?
What type of jurisdiction allows for the Criminal Review Commission to send cases for review under the Criminal Appeal Act?
What can the outcome of an appeal in the Magistrates' Court be?
What can the outcome of an appeal in the Magistrates' Court be?
What is required if an appeal is made directly to the Supreme Court?
What is required if an appeal is made directly to the Supreme Court?
What happens if an individual does not follow the conditions of a suspended sentence?
What happens if an individual does not follow the conditions of a suspended sentence?
What is the purpose of the mandatory supervision period after a sentence for murder?
What is the purpose of the mandatory supervision period after a sentence for murder?
When is a Detention and Training Order applicable?
When is a Detention and Training Order applicable?
Which of the following is NOT a factor that influences the sentencing decision?
Which of the following is NOT a factor that influences the sentencing decision?
How is a guilty plea considered in determining a sentence?
How is a guilty plea considered in determining a sentence?
What can happen if the offender commits another offence while on a suspended sentence?
What can happen if the offender commits another offence while on a suspended sentence?
What is one possible ancillary order that may accompany a sentence?
What is one possible ancillary order that may accompany a sentence?
What sentencing guideline was established to encourage early guilty pleas?
What sentencing guideline was established to encourage early guilty pleas?
Flashcards
Defendant (D)
Defendant (D)
A person accused of committing an offense.
Conditional Bail
Conditional Bail
A type of bail that comes with specific conditions to be met by the defendant, such as avoiding contact with witnesses or paying a bond.
Magistrates' Court
Magistrates' Court
A court that handles minor offenses and preliminary hearings for more serious crimes.
Community Sentence
Community Sentence
Sentencing that involves performing unpaid work for the community.
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Crown Court
Crown Court
The court that deals with serious offenses, including trials and sentencing.
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Cross Examination
Cross Examination
The process of questioning a witness by the opposing side.
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Re-Examination
Re-Examination
The process of questioning a witness by the party who called them.
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Triable Either Way Offenses (TEW)
Triable Either Way Offenses (TEW)
Cases that can be tried either summarily (quickly) in the Magistrates' Court or indictably (with a formal trial) in the Crown Court.
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Triable Either Way Offences
Triable Either Way Offences
These are offenses that can be tried in either the Magistrates' Court or the Crown Court. The court where the trial takes place depends on the severity of the offense and the potential sentence.
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Indictable Offences
Indictable Offences
More serious offences, such as murder, rape, and robbery, are tried in the Crown Court.
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Summary Offences
Summary Offences
Less serious offences, such as shoplifting or drunk driving, are tried in the Magistrates' Court.
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Allocation
Allocation
This is a process where the Magistrates' Court decides whether a triable either way offense should be dealt with summarily or indictably.
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Bail
Bail
This procedure determines whether a defendant should be released from custody while their case is being processed. It balances the presumption of innocence with the need to protect the public or ensure their appearance in court.
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Surety
Surety
This is a condition for granting bail in a criminal case. It means the defendant must promise to attend court or face further consequences.
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Presumption of Innocence
Presumption of Innocence
This is a legal principle that everyone is innocent until proven guilty beyond a reasonable doubt.
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Defendant
Defendant
A person accused in a criminal case is known as a defendant.
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Appeal Time Limit
Appeal Time Limit
An application for leave to appeal must be made within 28 days of the decision being made.
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Retrial in Appeal
Retrial in Appeal
The Court of Appeal (COA) can grant a retrial if it is in the interests of justice and the appeal is against a conviction.
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Crown Appeal
Crown Appeal
The Crown can appeal rulings that effectively end a trial.
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Quasi-Appellate Jurisdiction
Quasi-Appellate Jurisdiction
The Court of Appeal (COA) has the power to review decisions made by lower courts.
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CCRC Review
CCRC Review
The Criminal Cases Review Commission (CCRC) can send a case for review by the Court of Appeal if they believe there is a miscarriage of justice.
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Discharge (Sentence)
Discharge (Sentence)
A discharge is a sentence where there is no punishment other than the conviction, but it is still a criminal record.
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Unpaid Work (Sentence)
Unpaid Work (Sentence)
Unpaid work is a community sentence where the offender must complete a certain number of hours of unpaid work.
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Custodial Sentence
Custodial Sentence
A custodial sentence is a sentence involving imprisonment.
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Criminal Court Structure
Criminal Court Structure
The legal framework for handling criminal cases, including the categorization of offences, the courts involved, and the appeals process.
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Prosecution Decision
Prosecution Decision
The process by which the Crown Prosecution Service (CPS) decides whether to bring a case to court. Key factors include the seriousness of the offense, sufficiency of evidence, and public interest.
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Caution
Caution
A formal written warning issued to individuals, usually under 18 years of age, for committing offenses that may not warrant prosecution. They are typically used for minor offenses like graffiti.
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Penalty Notice
Penalty Notice
"Penalty Notices" are a type of punishment for certain offences that allow for the payment of a fine instead of going to court. They're typically used for minor offenses, like shoplifting.
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Who Decides to Prosecute?
Who Decides to Prosecute?
Prior to 1986, police officers had the authority to decide whether to prosecute an individual. Nowadays, despite the fact that police charge, the CPS makes the final decision.
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Trial by Jury
Trial by Jury
Cases heard by a judge and jury. The jury decides on the facts and guilt, while the judge handles sentencing.
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Youth Court
Youth Court
A court for defendants under 18 years old. Special Magistrates handle cases here, not a jury. Less formal and parents/guardians must accompany those under 16.
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Summary Appeal to Crown Court
Summary Appeal to Crown Court
An appeal from a Magistrates' court to the Crown Court, often to challenge a conviction or sentence. A full rehearing may occur with witnesses but no jury.
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Crown's Quasi Appellate Jurisdiction
Crown's Quasi Appellate Jurisdiction
The power of the Crown to review cases and potentially overturn a decision made by the Magistrates' Court.
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Magistrates to High Court (DCKBD)
Magistrates to High Court (DCKBD)
An appeal from a Magistrate's Court to the High Court's King's Bench Division, typically on a legal point, arguing a court acted outside its authority.
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Crown Court Appeal to Court of Appeal (COA)
Crown Court Appeal to Court of Appeal (COA)
An appeal against a conviction or sentence made in the Crown Court to the Court of Appeal's Criminal Division. Leave to appeal may be required.
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Leave to Appeal a Conviction
Leave to Appeal a Conviction
In appealing a conviction, the defendant must provide sufficient reasons to the Court of Appeal. This permission can be granted by the Court of Appeal or the original trial court.
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High Court to Supreme Court (Leave Required)
High Court to Supreme Court (Leave Required)
An appeal from the High Court to the Supreme Court is possible, but permission (leave) is needed and the appeal must be deemed of significant public importance.
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Suspended Sentence
Suspended Sentence
A sentence where the offender avoids immediate imprisonment and is supervised in the community, with conditions like curfews or treatment. If they fail to meet the conditions, they are sent to prison to serve the original sentence.
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Detention and Training Order (DTO)
Detention and Training Order (DTO)
A sentence given to offenders aged 12-17 which involves both custody and community supervision. The first part is served in a detention center, followed by a period of community supervision with conditions like tagging.
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Life Sentence with Supervision
Life Sentence with Supervision
A sentence given for serious crimes like murder, with a minimum period in custody followed by lifetime supervision in the community.
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Ancillary Orders
Ancillary Orders
Additional orders imposed alongside a main sentence, they can include things like compensation to the victim, driving bans, alcohol bans, or exclusion orders from certain places.
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Plea Bargaining
Plea Bargaining
The process where a defendant admits guilt in exchange for potential leniency in sentencing. Judges consider the stage at which the plea was given, with earlier pleas generally leading to greater reductions.
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Sentencing Guidelines
Sentencing Guidelines
Sentencing guidelines provide a framework for judges to apply when determining the appropriate sentence for a crime, taking into account factors like the severity of the crime, the offender's background, and their remorse for the harm caused.
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Blameworthiness
Blameworthiness
The extent to which a defendant is responsible for their actions and the level of harm they caused, considered when determining their sentence.
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Mitigating Circumstances
Mitigating Circumstances
Circumstances that lessen the severity of the crime or the offender's responsibility, such as genuine remorse, taking responsibility early, or personal difficulties, which can lead to a less severe sentence.
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English Legal Method I - Timetable
- 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
- Categories of criminal offences:
- Summary
- Indictable
- Triable Either Way
- Courts:
- Magistrates
- Crown (first instance)
- Appeal Routes
- Types of sentence and determination
- Plea Bargaining
Procedure Pre-Prosecution
- Starts with a complaint/investigation, followed by arrest under Legislation, Common Law, or Warrant.
- Arrested individuals must be brought to the police station.
- Within 24 hours, they should be charged or released.
- Police can extend detention for up to 12 hours if the investigation continues.
- For detention exceeding 36 hours, court approval is necessary (maximum 96 hours).
- In Northern Cyprus, arrest individuals have to be charged or brought to court within 24 hours with maximum extension of 3 months in 8-day increments.
- Until 1986, police made the decision to prosecute defendants. Now, while police charge, the CPS decides.
- CPS can prosecute irrespective of a victim's complaint, except in specific regions such as Turkey and Northern Cyprus (e.g., sexual assault, sexual harassment, theft, property damage).
Instead of Prosecution
- Possible alternatives to prosecution include: -Crime and Disorder Act 1998 -Criminal Justice Act 2003 -Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Bad character references may be used instead of charges.
- Penalty notices (for individuals over 10) or fines (for those over 18) may be issued (e.g., graffiti, shoplifting).
Deciding on the Crime for Prosecution
- Not further details provided
Categories of Criminal Offences - Summary
- Relatively minor offences.
- Tried in Magistrates' Courts (330 courts) within the district where the offence occurred.
- Examples:
- Highway/traffic offences
- Assault
- Cruelty to animals
- Criminal damage (under £5,000)
- Being drunk and disorderly
- Driving while disqualified (TWOC)
- Labour issues (e.g., employment of children)
Categories of Criminal Offences - Indictable
- Serious offences tried in Crown Court.
- Examples:
- Murder
- Attempted murder
- Manslaughter
- Rape
- Shooting
- Maiming
- Burning by explosion
- Robbery
- Burglary
- Arson endangering life
- Kidnapping
Categories of Criminal Offences - Triable Either Way
- More serious but not automatically indictable, can be tried as summary or indictable.
- Examples:
- Theft (excluding robbery/burglary)
- Drug offences
- Aggravated vehicle taking
- Aggravated dangerous driving
- ABH
- Aggravated common assault
- Criminal damage (over £5,000)
- Abduction
- Controlling/causing prostitution
- Administration of noxious substances
Triable Either Way Offences – Decision Making
- Magistrates consider deliberation, pleas, and sufficiency of their powers.
- If the case requires a Crown Court trial because of insufficient Magistrate powers, there is no choice.
- Appropriate summary trial is available as an alternative.
Advantages / Disadvantages of Selecting Summary/Indictable
- Not further details provided
Bail
- Bail is when a defendant is released from custody before trial/conviction.
- Presumption of innocence and liberty are balanced against the need to ensure the defendant appears for trial and does not interfere with witnesses/evidence.
- Conditional bail is possible with various conditions, including reporting to police, avoiding certain areas/individuals, payment of a bond ('surety'), and restrictions on driving and/or electronic tagging.
- Specific exclusions for bail are in place (e.g., murder prosecution, non-imprisonable offences where the individual has previously failed to surrender to custody).
Progression of Criminal Cases
- Prosecution
- Examination
- Cross-examination
- Re-examination
- Defence
Court Jurisdictions – Magistrates’ Court
- Original jurisdiction only.
- Tries:
- Summary offences
- Sentenced/tried either way selected as a summary trial
- Referrals:
- Transfers some cases (either way) to Crown for sentencing (limited powers).
- Sends indictable/triable either way selected as indictable to Crown for trial
Who hears cases in the Magistrates' Court?
- Magistrates (2 or 3)
- District judge
- No jury
Sentencing Powers of the Magistrates
- Limited sentencing powers:
- Maximum six months for a single offence
- Maximum 12 months for multiple offenses
- Community sentence
- Combination of fine and community service penalties
- Unlimited fines allowed since 2015
- Can pass cases to Crown Court for more severe sentences if deemed necessary
Court Jurisdictions – Crown Court
- Original and appellate jurisdiction.
- Tries:
- Indictable offences
- Triable either way selected as indictable by Magistrates or Defendant.
- Referrals:
- Defendants pleading guilty are sent from magistrates for sentencing.
- Hears appeals from Magistrates (summary offences)
Who hears cases in the Crown Court?
- Circuit Judge (lesser offences)
- High Court Judge (more serious offences)
- Jury (decides on facts/guilt).
- Judge (handles sentencing).
- Wider sentencing powers.
Youth Courts
- Special Magistrates' Courts for defendants under 18 (10–17).
- Exceptions are made if the crime involves murder or offences with 14+ years imprisonment.
- A District Judge
- No jury.
- Less formal.
- Accompaniment of a parent/guardian if under 16.
- Wide range of sentences.
The Appeal Structure
- Summary and Indictment appeals
- Who can appeal?
Initial Appeal - Summary
- Defendant can appeal from Magistrates to the Crown Court
- Appeal can be made against sentence or conviction, or both (if defendant pleads not guilty)
- No permission is needed.
- Appeal must be made within 21 days; otherwise, permission from the Crown may be required..
- Sentence appeal does not require a full rehearing with witnesses but no jury.
- Outcomes: confirm, reverse, or alter sentence (within the Magistrates' Court powers).
- Prosecution cannot appeal from Magistrates to the Crown.
Quasi Appellate Jurisdiction of the Crown
- Criminal Review Commission reviews Magistrates' decisions.
- Criminal Appeal Act 1995, section 11.
Initial Appeal - Summary (alternative)
- Defendant can appeal from Magistrates to the High Court (District Court) for a point of law (s.111(1), Magistrates' Courts Act 1980).
- Appeals without retrial, identified as a point of law.
- Further appeals to Supreme Court are possible
Initial Appeal - Indictment
- Defendant can appeal from the Crown to the COA Criminal Division
- Appeals are granted based on conviction or sentence
- Leave of COA or trial court is required - decision based by a single judge
- Application is required in 28 days.
- If the case is in the interests of justice, COA can grant a retrial.
Initial Appeals- Indictment (Prosecution Appeal)
- Prosecution can appeal rulings that stopped the trial (Criminal Justice Act 2003).
- Quasi-Appellate cases are reviewed by the COA with criminal law review commission (Criminal Appeal Act 1995 sections 9, 36 and Criminal Justice Act 1972).
- A-G refers on point of law & lenient Crown sentences.
Further Appeal
- Summary: -From Magistrates via KBD High Court to Supreme Court
- Indictment
- From Crown to COA to Supreme court
Sentencing Guidelines
- From the COA and Sentencing Council, covering various types of offences. -Children and Young Persons -Community and Custodial Guidelines -Robbery -Theft -Fraud and bribery -Health and safety
- Other offences listed as well
Plea Bargaining
- Section 144, Criminal Justice Act 2003: In determining a sentence, courts consider the stage in proceedings when the offender indicated their guilty intent.
- Sentencing Council Guidelines provide for plea reductions that encourage early plea bargaining.
- Benefits:
-Reduced impact on victims
- Reduced victim/witness testimony stress -Saving public time and resources
Reduction in Sentencing
- Reductions in sentencing are available at different stages of proceedings. These can vary based on different proceedings and the stage that they are made available for
- Magistrates court
- one-third reduction.
- Crown court
- one-quarter reduction
Types of Sentence
- Discharge
- For least serious crime.
- Fine - Common sentence for less serious offences
- Community sentence
- Unpaid work (40-300 hours). Other options include Curfew, restricted places and/or mental health treatment.
- Prison
- Custodial sentence
- Indeterminate and Determinate sentences
Suspended Sentence
- Prison sentence between 14 days and 2 years, suspended.
- Requirements in community.
- If offender breaches conditions or commits another offence, they serve sentence.
Detention and Training Orders
- 12-17 years of age.
- 4 months to 2 years.
- First half is in custody/ then community supervision.
- More serious offences may result in longer custody/supervision.
Ancillary Orders
- Compensation, drinking bans, driving bans, exclusion orders.
Which Sentence?
- Influencing factors for sentence determination: -Seriousness of the crime -Circumstances of the crime -Impact on victims -Level of blameworthiness -Previous criminal record -Guilty plea timing/status
Criminal Cases Review Commission
- Reviews Magistrate and Crown Court cases.
- Appeals based on lenient sentences or points of law.
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