click below
click below
Normal Size Small Size show me how
Crim-Court Structure
Outline of the criminal court structure
| Question | Answer |
|---|---|
| What are the Courts of First Instance | The Magistrates Court, The Crown Court |
| What are the Appellate Courts (Appeals Courts) | The High Court, Courts of Appeal, Supreme Court (House of Lords) |
| What is the court structure | A hierarchy- they operate using a system of "binding precedent" E.g. if the High court makes a decision, the Crown and Magistrates court have to follow, but the Courts of Appeal and Supreme courts do not |
| What is an appeal | Where a superior court examines the decision of a lower court |
| Two types of appeal | Appeal against conviction/sentence, On point of law by way of case stated |
| When can you not appeal | If you have pleaded guilty |
| How many times can you appeal | Once |
| Is an appeal an automatic right | Yes |
| What options does the higher court have when dealing with an appeal | Confirm, Squash, Vary (increase/decrease) |
| Why do people appeal against conviction/sentence | Mistake in facts, Sentence too harsh/wrong kind |
| Why do people appeal on point of law by way of case stated | Mistake in law --> law has been wrongly applied or the law itself is wrong |
| Case of appeal being varied so the punishment is harsher | Paul Chambers "Twitter Bomber" |
| Liability Definition | A person is legally responsible for their acts or omissions |