11-Criminal courts

Question 1

For trial purposes what are the categories that criminal offences are split into?

Answer 1

1) Summary
2) Triable-either-way
3) Indictable

Question 2

What is a summary offence?

Answer 2

An offence that can only be tried in the Magistrates’ Court.

Question 3

What are ‘triable-either-way’ offences?

Answer 3

Can be tried in either the Magistrates’ or the Crown Court.

Question 4

How is it decided if a ‘triable-either-way’ offence goes to the Magistrates’ or the Crown Court?

Answer 4

If they plead guilty-Magistrates’

Plead not guilty-D choice between either

Magistrates’ can also decide that a case is too serious for them and send to Crown Court.

Question 5

What is an indictable offence?

Answer 5

A case that has to be tried at the Crown Court.

Question 6

What are the maximum prison sentences a Magistrates’ can give?

Answer 6

-6 months for one offence

or

-12 months for two separate offences

Question 7

Except for prison sentences what are the other punishments a Magistrates’ can give?

Answer 7

-Unlimited fines for top end
crimes.
-Limited fines for other crimes.

-Community orders

Question 8

Criminal

What is the appeals process for the D from the Magistrates’?

Answer 8

Crown Court

Question 9

Criminal

What is the appeals process for the Prosecution from the Magistrates’ on a point of law?

Answer 9

Magistrates’ Court>’Case stated appeal’>Administrative Court (Queen’s Bench Division)

Question 10

Criminal
What is the appeals process for the D from the Crown Court on a point of law having already been to the Magistrates’ Court?

Answer 10

Crown Court > ‘case stated appeal’ > Admin Court (Queen’s Bench Division)

Question 11

Criminal

What is the appeals process for a case originating in the Magistrates’ and now in the Queen’s Bench Division?

Answer 11

Supreme Court

Question 12

Criminal

What conditions must be met for a case originating in the Magistrates’ Court to be appealed to the Supreme Court?

Answer 12

1) Divisional Court certifies that a point of law of general public importance is involved.

and

2) Both Supreme and Divisional Court give permission.

Question 13

What is the appeals process from the Magistrates’ Court to the Supreme Court in criminal cases?

Answer 13

Supreme Court
^
Administrative Court (Queen’s Bench Divisional)
^ ^
Case stated appeal Crown Court
^ ^
Magistrates’ Court

Question 14

What is the composition of the Crown Court for indictable and triable-either-way offences?

Answer 14

1 Judge

12 Jury members

Question 15

What is the composition of the Crown Court for appeals from the Magistrates’ Court?

Answer 15

1 Judge

2 Lay magistrates

Question 16

What statute allows a prosecution to appeal against a judges acquittal?

Answer 16

Criminal Justice Act 2003

Question 17

In what circumstances can a prosecution appeal against an acquittal by the jury and legislation if relevant.

Answer 17

1) Where jury is ‘nobbled’ (bribed) Criminal Procedure and Investigations Act 1996
2) New and compelling evidence and public interest. Criminal Justice Act 2003

Question 18

Who has to consent to the reopening of investigations into a case?

Answer 18

Director of Public Prosecutions

Question 19

What is the full process of appeals from the Crown Court to the Supreme Court in criminal cases?

Answer 19

Supreme Court
            ^
Court of Appeal (Criminal division)
            ^
Crown Court