Outline of Criminal Courts Criminal Courts © The Law Bank The Criminal Courts: Procedure and Sentencing Outline of criminal courts and appeal system 1

Outline of Criminal Courts Criminal Courts © The Law Bank Objectives Identify the routes of appeal from each of the courts and the jurisdiction of each court Identify the jurisdiction of each court Assess the courts used in a number of current high profile cases have used 2

Outline of Criminal Courts Criminal Courts © The Law Bank The Criminal Courts Summary offences – minor, only in magistrates, bulk of cases – motoring and minor assaults, max sentence less than 6 months Either-way offences – tried in either court, crown tries more serious, most pre-trail in magistrates Indictable offences – most serious, murder rape etc, must be tried in crown court, judge and jury 3

Outline of Criminal Courts Criminal Courts © The Law Bank 4

Outline of Criminal Courts Criminal Courts © The Law Bank Jurisdiction of Magistrates Issuing of arrest and search warrants on police application Deciding on bail applications Conducting sending-for-trail hearings – indictable only go straight to Crown – Magistrates hear bail, funding of D, use of statements and exhibits Trying summary offences Trying either-way offences that are tried summarily 5

Outline of Criminal Courts Criminal Courts © The Law Bank Jurisdiction of Crown Court Trying indictable offences Trying either way offences that are to be tried on indictment Sentencing where case has been sent by Magistrates Hearing appeals from Magistrates against conviction or sentence 6

Outline of Criminal Courts Criminal Courts © The Law Bank Example offence table 7 OffenceTypeCourt AssaultSummaryMagistrates BatterySummaryMagistrates Section 47, Offences Against the Person Act 1861 Either-wayMagistrates/Crown Section 20, Offences Against the Person Act 1861 Either-wayMagistrates/Crown Section 18, Offences Against the Person Act 1861 IndictableCrown

Outline of Criminal Courts Criminal Courts © The Law Bank Classification of Offences Summary – refers to the way that D ordered to attend court (written order delivered by post) Either-way – normally at D’s option but can be ordered by Magistrates Indictable – Can only be tried at Crown Court 8

Outline of Criminal Courts Criminal Courts © The Law Bank Burden of Proof Prosecution must prove the guilty act and the guilty mind Prosecution have to prove to satisfaction of magistrates or jury This is called the burden of proof – who has to prove the liability Standard of proof for criminal cases = Beyond all Reasonable Doubt – if not acquittal 9

Outline of Criminal Courts Criminal Courts © The Law Bank Objectives Identify the routes of appeal from each of the courts and the jurisdiction of each court Identify the jurisdiction of each court Assess the courts used in a number of current high profile cases have used 10

Outline of Criminal Courts Criminal Courts © The Law Bank Plenary Research a recent high profile case and by locating the key news bulletins outline the exact process that the case has taken to get to its current state. In this case I want you to look specifically at the ??? Case and state what courts each of the processes went through – prepare a brief for the rest of the class 11