Summary A Brief Description - Criminal Offences, Courts & Appeals
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AS Unit G151 - English Legal System
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OCR
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OCR AS/A Level Law Book 1
This document is a brief description of criminal offence categories, the courts in which they are heard in and the appeal routes for criminal cases.
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AS Unit G151 - English Legal System
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Within the United Kingdom there is the Magistrates court which deals with minor (summary) or
moderate (triable either way) offences, and it is led by three magistrates who, with assistance of
a legal advisor, lay down the law and make verdicts. Then there is the Crown Court which deals
with moderate or severe (indictable) offences. This court is presided over by a Judge who
directs the Jury to make a verdict on offences. Then, outside of the UK, we have the European
Court of Human Rights. The ECHR deals with cases relating to the Human Rights that deals
with Human Rights cases that couldn't be solved within the country in question.
Summary offences are, on broad terms, mild/minor offences. For example, a summary offense
could be driving whilst under the influence of alcohol. When charged, the person who is in
question, would appear before the magistrates in a Magistrates Court. Summary offences
should receive a maximum of 6 months per charge and/or a fine of up to £5000. Triable either
way offences are, on broad terms, moderate offences. For example, a person may of been
caught thieving from a store. When charged, this person will be put to a Magistrates Court in a
Mode of Trial to decide which court shall try the accused. The mode of trial simply means that
the Magistrates decided whether they can deal with the case in their jurisdiction or if they need
to send it to the crown court. Indictable offences are the severe offences, these can include
Murder, GBH with intent or Armed Burglary. If a person is charged with committing such an
offence then they will appear before a Magistrates for a preliminary trial and then will be referred
to the Crown Court, where they will be put to a Judge and Jury.
1. There are three ways that a verdict in Magistrates/Crown courts can be appealed
a. Appeal to Crown Court from Magistrates - This can only be done by the
defendant which goes against the sentence or conviction, if the verdict of the
Crown Court isn’t what the defendant was expecting, then they can appeal to the
Court of Appeal and then, in extreme cases, to the Supreme Court
b. Appeal to High Court from Magistrates - This can be done by either side on the
grounds that it is for a point of law or by way of case stated. Again, if the verdict
of the High Court is not what was expected, then it can appealed to the Court of
Appeal and the Supreme Court
c. Appeal to Court of Appeal from Crown Court - This can only be defence against
sentence or conviction, this can only be done if permission is granted as the Jury
came to the verdict, however, may be appealed if there are specific
circumstances such as nobbling of the Jury. This again, can be appealed to the
Supreme Court but, again, requires permission.
In Crown Court, the defence and prosecution can appeal, however, due to the fact that a Jury
makes the verdict, this is extremely hard to do. The defence can only do it for reasons stated in
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