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Criminal Court

20 important questions on Criminal Court

What must D obtain to appeal, and who considers the application?

D must get a leave of appeal from the court of appeal or a certificate that the case is fit for appeal. A single judge considers the application.

How many centers does the Crown Court have, and how many cases does it handle yearly?

The Crown Court has 90 different centres through England and Wales and deals with 80,000 cases yearly.

What does the Criminal Appeal Act 1995 specify about allowing appeals?

Criminal Appeal Act 1995 specifies the grounds under which the court can allow an appeal. The court of appeal shall allow an appeal against conviction if they think that the conviction is unsafe.

When are appeals from Magistrates to the Crown courts available for the defence?

Appeals from Magistrates to the Crown courts are available only for the defence if D pleaded guilty to appeal the sentencing, or not guilty to appeal against the conviction.

What types of offences does the Crown Court handle?

The Crown Court handles triable-either-way offences where the D has chosen or the magistrates' court has deemed it serious enough, all indictable offences, and appeals from the magistrates' court.

Under what condition shall the court dismiss an appeal according to the Criminal Appeal Act 1995?

The court shall dismiss such an appeal in any other case if they do not think the conviction is unsafe.

How many magistrates' courts are there in England and Wales?

There are 280 magistrates' courts in England and Wales.

What is the automatic right regarding appeals from Magistrates to the Crown courts?

There is an automatic right to appeal against the conviction if the defendant pleaded not guilty, with no need to leave (permission).

Who decides the guilt of the defendant in the Crown Court?

In the Crown Court, a jury of 12 decides whether the defendant is guilty or not. The judge sentences and provides the jury with the relevant law.

What can an appeal on sentencing achieve according to the information provided?

If the appeal is on sentencing, the appeal can decrease the sentencing but not increase it.

What are the classifications of offences in criminal courts?

Summary offence: Tried in magistrates court.
Either way offence: Tried in either magistrates or crown court.
Indictable offences: Most serious crimes.

What type of matters do magistrates' courts have jurisdiction over?

Magistrates' courts have jurisdiction over a variety of matters involving criminal cases.

How is a case handled in the Crown court after an appeal?

In the Crown court, the case is reheard by a judge and two magistrates who can either uphold or reverse the decision of the magistrates' court.

Where are the least serious offences tried, and what do they include?

Least serious offences are tried in magistrates court. They include:

Driving offences
Common assault (S39)
Criminal damage less than £5000
Shoplifting less than £200

Who hears cases in magistrates' courts?

Cases are heard by magistrates – either legally qualified District judge or unqualified lay justices.

What are middle range crimes and where are they tried?

Middle range crimes are tried in either magistrates or crown court. They cover a wide range of offences, such as theft and ABH (Actual Bodily Harm).

Who assists the magistrates in court?

A legally qualified clerk is attached to each court to assist the magistrates.

Describe the process for the most serious crimes.

Most serious crimes, e.g., murder, manslaughter, or rape, have a preliminary hearing in magistrates, then transfer to crown court. Tried at crown court by a judge and a jury.