The Role and Jurisdiction of Criminal First Instance and Appeal Courts

The Role and Jurisdiction of Criminal First Instance and Appeal Courts

Role of Criminal First Instance Courts

• These are the courts where a criminal case is heard for the first time and are also known as trial courts or courts of first instance.
• Their main role is to ascertain the facts and evaluate the proof presented by prosecution and defence.
• Deciding on the guilt or innocence of the accused is an essential aspect of the court’s role.
• They also determine appropriate sentencing if there is a conviction.

Jurisdiction of Criminal First Instance Courts

• In England and Wales, the Magistrates’ courts and the Crown court are examples of first instance courts in criminal cases.
• Magistrates’ courts deal with minor criminal offences, known as ‘summary’ offences.
• More serious criminal offences, known as ‘indictable’ and ‘either way’ offences, are generally dealt with by the Crown Court.

Role of Criminal Appeal Courts

• These courts hear appeals from the decisions of first instance courts.
• Their primary role is to review decisions, making sure that the law has been correctly applied and proper procedures have been followed.
• If they find an error, they may overturn the conviction or reduce the sentence.

Jurisdiction of Criminal Appeal Courts

• In England and Wales, The Court of Appeal’s Criminal Division and The Supreme Court are examples of appeal courts for criminal cases.
• The Court of Appeal handles appeals from the Crown Court. Cases usually relate to points of law, sentencing or conviction.
• The Supreme Court is the final court of appeal in the UK for civil and criminal cases. It hears appeals on significant points of law of public importance.