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CRIMINAL COURTS AND LAY PEOPLE
Jurisdiction (power over)
The criminal justice system in England and Wales is divided into two tiers of courts: Magistrates' Court and Crown Court. Here is an overview of their jurisdictions and pre-trial procedures:
Magistrates' Court:
- Jurisdiction: Handles less serious criminal cases such as minor assaults, theft, driving offenses, and some low-level drug offenses. It also deals with the first stages of more serious criminal cases.
- Pre-trial procedures: After the suspect is charged, they will be given a court date. During this time, the prosecutor and defense may exchange evidence and plea bargaining may occur. If the case goes to trial, it will be heard by a bench of three magistrates or a district judge, and the defendant will enter a plea of guilty or not guilty.
Crown Court:
- Jurisdiction: Handles more serious criminal cases such as murder, rape, and robbery. It also hears appeals from Magistrates' Court.
- Pre-trial procedures: After the Magistrates' Court has referred the case to the Crown Court, the defendant will be given a preliminary hearing to determine if there is enough evidence to proceed with a trial. If there is, the case will go to trial before a judge and jury. Before the trial, there may be pre-trial hearings to resolve any legal issues or disputes, and plea bargaining may occur.
Classification of Offenses:
- Summary offenses: These are minor offenses heard in the Magistrates' Court such as traffic violations and minor assaults. They carry a maximum sentence of six months' imprisonment or a fine.
- Either way offenses: These are more serious offenses that can be heard in either the Magistrates' Court or Crown Court. Examples include theft and some drug offenses. If heard in the Magistrates' Court, they carry a maximum sentence of six months' imprisonment. If heard in the Crown Court, they can carry up to a life sentence.
- Indictable offenses: These are the most serious offenses such as murder and rape, and they can only be heard in the Crown Court. They carry a maximum sentence of life imprisonment.
In both Magistrates' Court and Crown Court, the defendant has the right to legal representation and the presumption of innocence until proven guilty. The criminal process in the UK seeks to ensure fair trials and justice for all involved.
CRIMINAL COURTS AND LAY PEOPLE
Criminal Appeals
In the UK, there are several grounds and reasons for appealing criminal convictions or sentences. The appeals process provides a way for individuals who believe they have been wrongly convicted or sentenced to seek a review of their case.
Appeals to the Crown Court:
If a person is convicted in a Magistrates’ Court, they can appeal to the Crown Court against both their conviction and sentence. The appeal must be lodged within 21 days of the date of the decision.
Case stated appeal to the Queen's Bench Divisional Court:
A case stated appeal is a type of appeal that can be made to the Queen's Bench Divisional Court. It is used when a Magistrates’ Court or the Crown Court has made a decision on a point of law that a party wishes to challenge. The appeal must be lodged within 21 days of the decision.
Appeals to the Court of Appeal (Criminal Division): If a person is convicted in the Crown Court, they can appeal to the Court of Appeal (Criminal Division) against their conviction, sentence or both. The appeal must be lodged within 28 days of the date of the decision.
Appeals to the UKSC: If a person is not successful in their appeal to the Court of Appeal, they may apply to the UK Supreme Court for permission to appeal further. The UKSC is the final court of appeal for criminal cases in the UK.
Grounds and reasons for appealing: Some of the grounds and reasons for appealing in criminal cases include:
- Point of law: If there was an error of law in the original trial, such as an incorrect interpretation of the law, this can be grounds for appeal.
- Fresh evidence: If new evidence becomes available that was not presented at trial and is significant enough to affect the outcome, this can be grounds for appeal.
- Procedural irregularity: If there were errors or irregularities in the trial process, such as jury misconduct or failure to disclose evidence, this can be grounds for appeal.
- Excessive sentence: If the sentence imposed is considered to be unduly harsh or excessive, this can be grounds for appeal.
Leapfrog appeals: In certain cases, appeals can bypass the Court of Appeal and go straight to the UK Supreme Court. This is known as a "leapfrog" appeal and is only allowed in cases of exceptional public importance or where there is a need for the development of the law.
Overall, the appeals process in criminal cases allows for a review of decisions made in lower courts and provides a mechanism for correcting errors or injustices. However, it can also be time-consuming, costly, and may not always result in a successful outcome for the appellant.
