Transcript AS Level Law

AS Level Law
Machinery of Justice
Criminal Court
Process
AS Level Law
What you need to know:
•the law relating to bail
•the mode of trial procedure for either-way offences
•the criminal trial and appeals process
•the role of the Criminal Cases Review Commission
What you need to discuss:
•the criteria for granting bail
•the differences between trial courts
•the effectiveness of the Criminal Cases Review
Commission
AS Level Law
Bail
• bail applications are dealt with during the Early
Administrative Hearing at the magistrates’ court
• Bail Act 1976 gives a general right to bail, no
matter how serious the offence
• magistrates can refuse bail where there are
substantial grounds to believe the defendant will:
 not surrender to bail
 commit an offence
 interfere with witnesses
AS Level Law
• factors to be considered:
 nature and seriousness of the offence
 defendant’s past criminal record
 defendant’s ties with the community
 defendant’s past record of surrendering to bail
• bail can also be refused if necessary for the
defendant’s own safety or welfare
AS Level Law
• bail can be unconditional or conditions attached:
 report to police
 reside at a specified address
 abide by a curfew
• bail refused? – defendant can renew application or
appeal
• bail granted? – prosecution can appeal if offence
punishable by at least 5 years imprisonment – Bail
(Amendment) Act 1993
AS Level Law
• where defendant is charged with a serious offence
and has a previous conviction for such an offence, bail
only granted in exceptional circumstances – Criminal
Justice and Public Order Act 1994 (as amended by
Crime and Disorder Act 1998)
• main concern is variations and inconsistencies
between courts in granting/refusing bail
• 15% of those remanded are not proceeded against
or acquitted – does not necessarily invalidate bail
decision as different criteria apply
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Mode of Trial
• summary trial before District Judge or bench
of three lay magistrates
• indictable offences now ‘sent forthwith’ from
magistrates’ court to Crown Court
• either-way offences - magistrates proceed to ‘plea
before venue’:
 if defendant indicates guilty plea, he loses
right to Crown Court trial and magistrates
dispose of case summarily (Criminal Procedure
and Investigation Act 1996)
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 can include committal to Crown Court for sentence if
magistrates believe their powers (max. 6 months for
single offence and/or max. fine of £5,000) are
inadequate
 if defendant indicates not guilty plea, magistrates
must determine venue, though defendant can elect
Crown Court trial
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Magistrates’ Court
Advantages
 case resolved quicker
Disadvantages
 less effective legal
representation
 lower possible sentence  greater chance of
conviction
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Crown Court
Advantages
 better legal
representation
 greater chance of
acquittal
 time on remand
(more privileges)
counts as time served
Disadvantages
 delays
 higher possible sentence –
judge 3x more likely to impose
immediate custodial sentence,
and sentence on average 2½x
longer than magistrates
AS Level Law
Youth Courts
• defendants aged between 10-17 tried by magistrates
sitting as a Youth Court (except most serious offences)
• magistrates receive special training and sit as a
mixed bench
• hearings less formal and held in private with
reporting restrictions
• idea is to keep young offenders away from adult
offenders and maximise possibility of reform
AS Level Law
Crown Court trial
• guilty plea – judge alone; not guilty plea – judge and
jury
• proceedings very formal – order generally as
follows:
 indictment read
 Jury sworn in
 prosecution opening speech
 prosecution witnesses
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 defence opening speech
 defence witnesses
 prosecution closing speech
 defence closing speech
 judge sums up and directs jury
 jury retires to reach verdict
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Appeals following summary trial
• to the Crown Court:
 guilty plea, then can only appeal against sentence
 not guilty plea, then can appeal against
conviction, sentence or both
 Crown Court can confirm, reverse or vary
decision of the magistrates (including increasing
sentence
 further appeal on point of law, by defence or
prosecution, by way of case stated to QBD
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• to Queen’s Bench Divisional Court:
 by defence or prosecution, by way of case
stated on a point of law
 QBD can confirm, reverse or vary decision of
magistrates, or remit case back to magistrates
with its opinion
• from QBD to House of Lords, provided:
 QBD certifies point of law of public importance
 QBD or HL grants permission on basis that point
ought to be considered by HL (AJA’60, s.1)
AS Level Law
Appeal following trial on indictment
• from Crown Court to Court of Appeal (Criminal Division):
 trial judge grants appeal certificate; OR
 CA grants permission (CAA’95, s.1)
• can appeal against conviction, sentence or both
regardless of trial plea
• if appeal against conviction only, CA cannot alter
sentence
AS Level Law
• appeal allowed where CA satisfied the conviction is
unsafe (CAA’95, s.2)
• appeal against sentence – CA can confirm, vary or
reduce, NOT increase – may also issue guidelines
• from CA to HL, provided:
 CA certifies point of law of public importance
 CA or HL grants permission on basis that point
should be considered by HL (CAA’68, s.33)
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• prosecution cannot appeal against an acquittal, but
Attorney General can refer points of law to CA for
clarification (CJA’72, s.36)
• prosecution cannot appeal against sentence, but
Attorney General can refer sentence to CA if believed
to be unduly lenient – CA can confirm, vary, decrease or
increase sentence – may also issue guidelines (CJA’88,
s.36)
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Criminal Cases Review Commission
• RCCJ’93 recommended Home Secretary’s power to
refer cases to CA should pass to an independent body
• CCRC established in 1997 under CAA’95
• role:
 consider suspected miscarriages of justice
 arrange further investigations
 refer case back to CA
 respond to requests for assistance from CA
 recommend and/or advise on pardons
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• while initial reviews completed quickly,
considerable delay in dealing with cases taken
forward to detailed review – see CCRC Annual
Report and Home Affairs Select Committee Report
• Annual Report 2001/2 states that increases in
funding have enabled substantial progress in
clearing backlog and reducing delays
AS Level Law
Revision headings:
CrimCts  - Bail
CrimCts  - Mode of Trial
CrimCts  - Youth Courts
CrimCts  - Crown Court trial
CrimCts  - Appeals after summary trial
CrimCts  - Appeals after trial on indictment
CrimCts  - Criminal Cases Review Commission
AS Level Law
Test Questions:
Using your cards, you should now be able to write a short
paragraph in response to each of the following questions:
• Describe the law relating to the granting of bail
• Describe the determination of mode of trial
• Describe the role of Youth Courts
• Describe the routes and grounds for appeal
• Discuss the role of the Criminal Cases Review
Commission
AS Level Law
Useful websites:
• The Court Service website
• Home Office Criminal Justice pages
• Criminal Justice System website
• Criminal Cases Review Commission website
• The Auld Review of the Criminal Courts
• ‘Justice for All’: Responses to Auld and Halliday