Classification Of Offenses And Juridstictions Of Criminal Courts

Question 1

What are the 2 types of criminal courts?

Answer 1

Magistrates Court
Crown Court

Question 2

What are the 3 categories if offences?

Answer 2

Summary
Triable either way
Indicatable

Question 3

What is a summary offence?

Answer 3

Less serious offences tried in the Magistrates court e.g. common assault, driving without insurance

Question 4

What is a triable either way offence?

Answer 4

Middle range offences which can vary in degree of harm caused, tried in magistrates or crown.
E.g. theft, assault occasioning ABH

Question 5

What is an indictable offence?

Answer 5

Most serious crimes always tried in Crown Court
E.g. murder, man slaughter, GBH

Question 6

What are the jurisdictions of the Magistrates Court?

Answer 6

• Lowest tier in criminal justice system.
• ~160 in UK with 23,000 Lay magistrates and 140 district judges
• Deal with:
  Trials of all summary and most triable either way cases (97% trials) (up to 6months)
  Mode of trial proceeding for triable either way
  Sending for trial for indictable
  Youth court cases where D is 10-17
  Issuing arrest and search warrants
  Deciding bail (released rather than kept in custody)

Question 7

What are the jurisdictions of the Crown Court?

Answer 7

• 77 different crown courts in UK
• Deals exclusively with serious criminal cases
• Try indictable offences and some either way, sometimes passing sentences from Mag court when sentencing powers limited, appeals from Mag court against conviction/sentence
• Cases tried by judge and a jury
• passing sentence is where D found guilty but mag court feels appropriate sentence exceeds 6 month limit