Criminal Courts and Lay People

The State

The courts have to try the case and decide if D is either guilty or not guilty

the prosecution

• Magistrates' Court (before 3 lay magistrates)
• Crown Court (before judge and jury)

• to the Crown Court against conviction and/or sentence. The Crown Court can confirm, reverse or vary the conviction; they can confirm the sentence or increase or decrease it.
• to the Queen's Bench Divisional Court (QBDC) where the appeal court will decide on whether or not the magistrates have made the correct decision on the law. This is known as a case stated appeal. The QBDC can confirm, vary or reverse the decision or remit (send back) the case to the Magistrates' Court to implement the decision on the law. From the decision of the QBDC there is a possibility of further appeal to the Supreme Court.

A case stated appeal from the QBDC to the Magistrates' Court is when the Magistrates' Court ask the QBDC if they have made the correct decision following the conviction of the defendant.

• confirm, reverse or vary the conviction
• confirm the sentence or increase or decrease it

confirm, vary or reverse the decision or remit (send back) the case to the Magistrates' Court to implement the decision on the law

Supreme Court

From the Crown Court, D has the possibility of appealing against conviction and/or sentence to the Court of Appeal (criminal division)

• they can allow the appeal and quash the conviction, alternatively they can vary the conviction to that of a lesser offence
• they can order a retrial or dismiss the appeal

Both the prosecution and the defence can appeal to the Supreme Court, but the case must involve a point of law of general public importance and permission to appeal is needed

Magistrates' Court

• summary offences
• either way offences

Crown Court

• indictable offences
• either way offences

• Crown Court
• Magistrates' Court