Criminal courts and appeals

What is the standard proof in a criminal case?

guilty beyond reasonable doubt. `

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Where is the burden of proof to prove the defendant guilty?

The prosecution

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what is the standard of proof in a civil case?

on the 'balance of probabilities'

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What type of court system is in practise in england?

Adversarial.

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what is the job of the prosecution/defence?

collect evidence and present the evidence.

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What is the judges role?

Investigate and deliver a verdict

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How many magistrates courts in england and wales?

330

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who are cases heard by in the magistrates court?

district judges (qualified) or lay people (unqualified)

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What is the criminal jurisdiction of the magistrates court?

Tries all summary cases, tries triable either way offences, first hearings of indictable offences, side matters concerning criminal cases (arrest warrants/bail), youth courts where D is ages 10-17.

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What is the civil jurisdiction in the magistrates court?

Enforcement orders (i.e. council tax demands, warrants of entry to gas/electricity suppliers), Family matters, e.g. orders for protection against violence. Appeals against refusal of alcohol licence. Child welfare - Children Act 1989

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What type of person must be in the magistrates youth court?

Under 65, with special training to deal with young offenders, and there must be at least 1 female and 1 male.

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What is the magistrates clerk known as?

Legal adviser.

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What must the senior clerk be in the magistrates court?

a barrister or solicitor for at least 5 years.

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What is the role of the magistrates clerk?

Guide the magistrates on questions of law, practice and procedure.

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What does the senior clerks powers allow them to do?

Issue warrants for arrest, extend police bail, adjourn criminal proceedings, conduct Early Administrative Hearings.

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What does disclosure by the prosecution mean under the Criminal Procedure and Investigations Act 1996?

disclose previsously undisclosed material whihc might reasonably undermine the case for prosecution against the accused.

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What does disclosure by the defence mean under the Criminal Procedure and Investigations Act 1996?

A written statement to the prosecution setting out: nature of accused's offence including particular defences, matters of fact which he takes issue with the prosecution, any point of law he wishes to take and case authority relied on.

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What is a plea and case management hearing?

Used to find whether D is pleading guilty or not guilty.

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What is the procedure if D pleade guilty?

Judge sentences D immediately if possible.

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If D pleads not guilty, what matters must be dealt with prior to the trial?

Defence and prosecution identify key facts & law involved in case. Organise actual trial (witness etc)

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What is included in active case management?

early identification of real issues, early identification of the needs of witnesses, timetable set of case,maintaining progress of case & compliance with directions, ensuring evidence is clear, no delays, encouraging pps to cooperate, use of techno.

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What is an indictment?

Document that formally sets out charges against a D. Can be drawn up for any offence that witnesses reveal as well as the original charges.

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Whaat is the objective of the Criminal Procedure Rule 2005?

criminal cases be dealt with justly.

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Criminal courts and appeals

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