Criminal Appeals Essay

Submitted By 09AMarsh
Words: 1764
Pages: 8
Open Document
Law

List three categories of criminal offence, adding an example to illustrate which court each would be tried.

Summary only offences
Either way offences
Indictable only offences

Summary only offences are the less serious offences such as motoring offences, less serious assaults and other regulatory offences. Usually, these are dealt in a magistrates courts however, you may be advised otherwise.

Either way offences are more serious offences: theft, more serious assaults, ABH (actual bodily harm) and wounding (not with intent). With these cases the Magistrates have to decide if it is too serious for them to deal with, if their sentencing powers are sufficient should you plead or be found guilty. Should they decide that their powers are sufficient then you will have the choice of taking your trial in the magistrates court or in front of a jury in the Crown Court.

Indictable only offences are the more serious offences including rape or murder. These offences will be dealt with by the Crown Court.

Make a list of criminal offences that you've heard of, and try to categorise them using the information above. What in your mind makes some offences more serious than others.

Murder – Crown Court
Manslaughter – Crown Court
Causing explosion likely to endanger life or property -
Attempt to cause explosion, making or keeping explosive -
Grievous bodily harm – Crown Court
Actual Bodily Harm – Magistrates Court
Infanticide -
Soliciting to murder -
Kidnapping – Magistrates Court
Arson -
Illegal importation of Class A and B drugs -

With each of the following, explain what category of offence they have been charged with. Briefly, which court will they be heard in, and who will try the case?
Brenda has been charged with theft – Either way offences, Magistrates Court
John has been charged with assault – Summary offences, Magistrates Court
Robert has been charged with armed robbery – Indictable? Crown?
David has been charged with speeding – Summary offences, Magistrates
Tiffany has been charged with murder – Indictable only offences, Crown Court

Explain the purpose of the criminal appeal system

The criminal appeal system is not concerned with the justice of a conviction. The Court of Appeal will only intervene where a decision can be said to be ‘unsafe’, and this technical concept is far removed from whether an appellant is innocent or guilty. The Court of Appeal will not rehear the original case, or re-evaluate the evidence, or revisit the merits of a jury’s decision. Nor will the Court of Appeal entertain arguments that the defence could have argued the case better; or that the jury never grasped the significance of that point or this – which may well be true; or even that so-and-so lied – which may well be true too. The core point is that the Court of Appeal is not concerned with whether the decision reached by the jury was right or wrong, only that the conviction can be regarded as ‘safe’.
How many days do you normally have to make an appeal?
You normally have 28 days.
John has been convicted of Actual Bodily Harm in the Crown Court, and sentenced to three years imprisonment. Explain to John what his three routes of appeal would be, and how these cases would be heard.
The normal route of appeal and is only available to the defence. If the defendant pleaded guilty, the only appeal he can make, is against sentence. If the defendant pleaded not guilty and was convicted, he can appeal against the conviction and or sentence. The defendant always has a right of appeal and does not need permission to appeal.
Following Summary Trial - Appeals are heard by a Circuit Judge or a Recorder sitting with two lay magistrates. A complete rehearing of case, with witnesses. The court can confirm, reverse or vary the decision under appeal or remit the case to the Magistrates’ Court with its opinion. It can reduce or increase punishment.
Following Trial-on-Indictment - Trial on
Show More

Related Documents: Criminal Appeals Essay

Australian Criminal Appeal Law

1) Appeals laws precedent set by SA 22 Mar 2013, 11:10 am - Source: Karen Ashford, SBS The most significant changes to Australia's criminal appeal laws in a century have been passed in South Australia, setting a precedent for reform which could flow all the way to the High Court. South Australia has passed reforms to allow prisoners a second chance to appeal their convictions in the case of compelling new evidence. Until now, people convicted of an offence have had a single right of appeal…

Words 3101 - Pages 13

Questions On Criminal Law

HOW DO I APPEAL? A WHICH COURT SHOULD I APPEAL TO? You need to make sure that you should be appealing to the Court of Appeal and not to another court. Appealing against conviction You can only appeal against conviction to the Court of Appeal if you were convicted at the Crown Court. If you were convicted in the Magistrates’ Court, you need to appeal to the Crown Court (or possibly to the Administrative Court) and you should speak to the Magistrates’ Court for advice on how to appeal Appealing…

Words 3830 - Pages 16

Types Of Criminal Cases

Local Court: •Most criminal cases begin here except ex-officio indictments. •Presided over by Magistrate. •No jury. •Deals with summary matters and less serious indictable matters. •No appellate jurisdiction. •Does not hear appeals. •Hears committal proceedings regarding serious matters, to determine whether a prima facie case exists, i.e. if there is sufficient evidence for the matter to be heard by a judge and jury. Children’s Court: •Deals with offenders under 18 years or under 21 years…

Words 520 - Pages 3

Essay on Task P5

There are two groups of judges and these are the superior judges and the inferior judges. The superior judges are the Justices of the Supreme Court who sit in the Supreme Court, the Lord Justice of Appeal in the Court of Appeal and High Court Judges (also known as puisne judges) who sit in the three divisions of the High Court. The inferior judges are Circuit Judges who sit in both the Crown Court and the County Court, Recorders who usually sit in the Crown Court and a few may hear cases in the County…

Words 1388 - Pages 6

What Is The Powers Of The European Court Of Justice

tribunal of a Member State’ B. Discuss the relationship of the European Court of Justice with the UK Courts. The European Court of Justice acts only as a supreme court for the interpretation of European Union law. Consequently, there is no right to appeal at any stage in UK court proceedings to the ECJ. However, any court in the UK may refer a particular point of law relating to European Union law to the ECJ for determination. However, once the ECJ has given its interpretation, the case is referred…

Words 858 - Pages 4

Essay about High Court of Justice and Court

Malicious prosecution and false imprisonment. APPEALS From County Court Claims under £5000 are known as small claims track cases. Still heard in County but sit as Small Claims Ct Claims under £25000 are known as fast track cases: A case heard by a district judge will be heard by a Circuit judge in the same County Court for appeal. A case heard by a circuit judge will go to a high court judge on appeal. Further appeals go to the Court of Appeal (Civil Division) but are only allowed in exceptional…

Words 900 - Pages 4

Business: Court of Session and Supreme Scottish Court Essay

over Scotland on his behalf in his absence, because he was based in England. The Privy Council had extensive judicial as well as legislative and administrative functions these included, the Court of Session for civil cases and justice courts for criminal cases. 1707 - Act of Union between Scotland and England was implemented and the two countries became known as Great Britain. During the years (1703-1704) leading up to the union there had been a period of international tension which caused a precarious…

Words 1405 - Pages 6

What Is Long Arm Statue

follows. Supreme courts Appeals by right criminal, civil, and administrative agency. The Supreme Court is the highest in the courts and handles the highest crimes cases. Exclusive appeal by permission criminal, civil, limited administrative agency, interlocutory appeals in criminal, civil, administrative agency. Exclusive death penalty Original proceeding application for writ. Court of appeals (12 courts) 69 judges that sit in 3 judge panels. The courts of appeals handle the same cases as…

Words 444 - Pages 2

Rubber Rocks Essay

The Criminal Justice System Jackie Powers University of Phoenix Sara Burnette, J.P. CJS/200 December 6th, 2012 The Criminal Justice System Components of the Criminal Justice System There are three basic components of the criminal justice system, the executive, the legislative and the judicial branches of the government. The Legislature Legislature, both federal and state has the responsibility of defining the crimes and fixing the sentences for crimes…

Words 670 - Pages 3

Distinguishing Features of the Major Court Systems Essay

Distinguishing Features of the Major Court Systems Criminal procedure can be complex, not only because of many factual questions that arise in day-day-police/citizen encounters but also because of the two-tiered structure of the United States court system. This two-tiered structure reflects the idea of dual sovereignty. The United States Legal system has been designed allow all citizens to receive a fair criminal trial regardless of social status, gender, race, and ethnic background. The system…

Words 1209 - Pages 5