English Legal Method I - Criminal Court Quiz

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.

Test your knowledge on the structure of criminal courts including the various categories of offenses, court types, and appeal routes. This quiz also covers pre-prosecution procedures, including arrest protocols and detention rules. Prepare effectively for your English Legal Method I course with this comprehensive quiz.