Chapter 5

Question 1

Summary offence

Answer 1

A summary offence is something that can be tried in the magistrates court
Least serious who is trialled in the magistrates court, almost all driving offences, come assault, criminal damage which is less than £5000 and shoplifting with the value of goods is less than 200 quid

Question 2

Tribal either way offence

Answer 2

An offence that can be tried in either the magistrates court or Crown court
Middle range crimes, assault causing actual bodily harm, if the defendant pleads guilty they will be tried at the magistrates court if they plead not guilty they have the right to have trial at the Crown Court by a jury
In another situation the magistrate can also decide that the case is too serious for them and they make the decision to send them to the Crown Court.

Question 3

Indictable offences

Answer 3

An offence that has to be tried at the crown court
Most serious crimes, including murder, manslaughter and rape.
All indictable offences must be tried at the crown court by a judge and jury.

Question 4

What repercussions can come out of the criminal law and sit down

Answer 4

Imprisonment or a fine being imposed onto the defendant

Question 5

Whats the ratio of being acquitted in the magistrates to the crown

Answer 5

15% - 60%

Question 6

Which has a longer wait time between courts

Answer 6

Crown court has a considerable longer wait time then the magistrates court leading to stress’s about the courts.

Question 7

Who is the media more likely to go to between the courts

Answer 7

Crown court

Question 8

Which court will be more likely to provide legal aid

Answer 8

Crown court

Question 9

How many magistrates courts are in England and Wales

Answer 9

240

Question 10

What is the maximum prison sentence a magistrate can give?

Answer 10

6.months and 12 months for two incidences

Question 11

How many crown courts are there? ( England and Wales)

Answer 11

90

Question 12

How many cases does the typical crown court deal with ?

Answer 12

80,000

Question 13

Who resides over a case stated appeal and what court does it go to?

Answer 13

Administrative Court

Two high court judges from the queen’s bench devision

Question 14

What two ways can someone get an appeal to the Supreme Court?

Answer 14

The divisional court certifies that a point of law of general public importance is involved

The divisional court or the Supreme Court gives permission to appeal because the point is one which ought to be considered by the Supreme Court.
Only a small amount will go eg C v DPP (1994)

Question 15

State the grounds for appeal from crown to supreme

Answer 15

Shall allow an appeal against conviction if they think that the conviction is unsafe

Shall dismiss such an appeal in any other case