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Crim-Court Structure

Outline of the criminal court structure

QuestionAnswer
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
Created by: Amy98