GCSE Unit 1 Criminal Courts

1. low level offences

   Anmerkungen:

   • eg  driving offences assault
   1. magistrates court

      Anmerkungen:

      • maximum sentence 12 months or 5k fine

1. most serious offences

   Anmerkungen:

   • murder rape armed robbery
   1. crown court

      Anmerkungen:

      • up to life imprisonment

1. plea before venue hearing
   1. guilty plea
      1. sentencing by mags or crown

         Anmerkungen:

         • consider if they have enough sentencing power and sentence or refer up to crown court for sentence hearing
   2. not guilty
      1. mags accept jurisdiction?

         Anmerkungen:

         • depends on if their sentence power is enough
         1. yes
            1. defendant chooses magistrates or crown
               1. factors in choosing
                  1. magistrates
                     1. advs

                        Anmerkungen:

                        • faster - come to court quicker cheaper legal representation lower  sentences less formal trial - not as intimidating 
                        1. usually a lower cost
                        2. quick and prompt trial (the speed of hearings)
                        3. have sound local knowledge
                     2. disadvs

                        Anmerkungen:

                        • more likely to be convicted in magistrates court May still be sent to Crown Court for sentencing if mags powers no enough. No 'trial by jury' - some think this is important for justice.  
                        1. no sound local knowledge
                        2. There may not be a broad cross-section of citizens involved in dispensing local justice
                        3. inconsistencies in scentencing
                  2. Crown Court
                     1. advs

                        Anmerkungen:

                        • if you are likely to be found guilty then a long time in a 'cushy' remand prison will be an advantage. - reduces amount of time spent in tougher 'real prison'   Trial by jury an important  human right.  Juries more likely to acquit than convict 
                        1. No bias
                        2. more independent and integrated into society
                        3. more qualified
                     2. disadvs

                        Anmerkungen:

                        • Longer sentences if found guilty    long wait to get to trial - added stressMore expensive legal representation needed. court-room is formal and intimidating.  
                        1. Larger fines/ more serious sentences
                           1. Secrecy of the jury
                              1. can be too much media coverage
                                 1. lack of understanding
         2. no
            1. trial in crown court

1. Jury are 'sworn in'
   1. prosecution opening statement

      Anmerkungen:

      • Tells the court and jury what they are setting out to prove
      1. prosecution witnesses

         Anmerkungen:

         • the witnesses FOR the prosecution will be questioned by the barrister for the CPS  and then CROSS EXAMINED by the defence
         1. prosecution case ends
            1. no case to answer?

               Anmerkungen:

               • if the defence and the JUDGE agree that the prosecution have not presented the correct evidence for the crime, the defendant goes free.  There is no need for a full trial 
            2. Defence opening statement
               1. defence witnesses

                  Anmerkungen:

                  • Defence barrister examines their own witnesses and then CPS will cross examine
                  1. closing statements

                     Anmerkungen:

                     • the barristers for each side address the jury to summarise their sides of the argument
                     1. Judge 'sums up'

                        Anmerkungen:

                        • judge will take the Jury through all they have heard, giving them advice on important points of fact that they must agree on
                        1. Jury deliberations

                           Anmerkungen:

                           • the jury go to a private room and make a decision about whether the defendant is guilty
                           1. verdict
                              1. Not guilty
                                 1. defendant is free to go
                              2. guilty

                                 Anmerkungen:

                                 • prosecution will outline argument for harsh sentence Defence will outline mitigating factors and ask for lenient sentence 
                                 1. judge passes sentence

1. prosecution opening statement

   Anmerkungen:

   • prosecution outline their case to the magistrates
   1. prosecution witnesses
      1. defence opening statement
         1. defence witnesses
            1. magistrates take advice from clerk
               1. Magistrates give a verdict and sentence if necessary

1. from the Magistrates court
   1. appeal against sentence
      1. goes to Crown Court for review

         Anmerkungen:

         • risk that crown court could pass tougher sentence rather than reduce!
   2. appeal against verdict
      1. Crown Court

         Anmerkungen:

         • crown court give permission to appeal
   3. appeal on a point of law

      Anmerkungen:

      • a "case stated" appeal
      1. referred to High Court QBD for legal opinion
   4. rectification

      Anmerkungen:

      • if the magistrates have made a clear error, then the magistrates court will hold a short hearing and put this right themselves
2. from the Crown Court
   1. Appeal against sentence
      1. Court of Appeal
   2. appeal against verdict

      Anmerkungen:

      • need permission from the court of appeal 'leave to appeal'
      1. Court of Appeal
         1. Often referred to CoA by the CCRC

            Anmerkungen:

            • criminal cases review commission review convictions and identify possible miscarriages of justice
   3. point of law
      1. QBD for legal opinion

Anmerkungen:

• more limited routes

1. from magistrates
   1. sentencing

      Anmerkungen:

      • if prosecution think sentence is too lenient
      1. crown court

         Anmerkungen:

         • crown court judge can review sentencing decision if it's too lenient
   2. point of law
      1. High Court QBD

         Anmerkungen:

         • can get legal opinion about a point of law, but verdict of case will not be changed
2. from crown court
   1. point of law

      Anmerkungen:

      • legal opinion about application of the law
      1. QBD
   2. sentence
      1. Court of appeal
   3. verdict
      1. only allowed by P when there is 'compelling new evidence

         Anmerkungen:

         • often when there is a scientific discovery - such as new DNA techniques
         1. only one appeal allowed by prosecution