Criminal Appeals Essay

Submitted By 09AMarsh
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Pages: 8
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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
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