AS Level Law

1. AS Level Law Machinery of JusticeCriminal Court Process

2. 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

3. 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

4. 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

5. 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

6. 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

7. AS Level Law 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)

8. AS Level Law • 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

9. AS Level Law

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11. 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

12. 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

13. AS Level Law • defence opening speech • defence witnesses • prosecution closing speech • defence closing speech • judge sums up and directs jury • jury retires to reach verdict

14. AS Level Law 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

15. AS Level Law • 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)

16. 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

17. 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)

18. AS Level Law • 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)

19. AS Level Law 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

20. AS Level Law • 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

21. 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

22. 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

23. 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