Courts

Question 1

Summary only offences

Answer 1

• Minor offences
• Dealt with in Magistrates
• e.g. driving w.o insurance; common assault

Question 2

Indictable only offences

Answer 2

• Most serious
• Only tried in Crown Court (in front of jury)
• E.g. murder and robbery

Question 3

Either way offences

Answer 3

• Dealt with in either court
• Offences that are more or less serious depending on how they were committed
• E.g. theft

Question 5

How can a leapfrog appeal be made from High Court to Supreme Court?

Answer 5

• Permission by SC
• Point of law of general importance

Question 6

Is an appeal from High Court (for a claim starting in County Court) to Court of Appeal allowed?

Answer 6

Only in exceptional circumstances

Permission required

Question 7

How are decisions in Family court appealed?

Answer 7

• Within Family court itself (heard by a more senior judge)
• Or appeal to CoA

Question 8

Can there be an appeal from High Court to CoA?

Answer 8

Yes, permission required

Question 9

Can there be an appeal from CoA to SC?

Answer 9

Yes:
* Points of law
* Permission required

Question 10

Where are preliminary hearings for all criminal cases heard?

Answer 10

Magistrates court

Question 11

What is the procedure for triable either way offences?

Answer 11

• Allocation hearing in magistrates
• Decide whether summary or too serious and sent to Crown Court
• Note: Defendant has the right to elect a Crown Court trial if magistrates keep the case

Question 12

Procedure for indictable only trials

Answer 12

• 1st appearance in magistrates and immediately sent to Crown Court
• Necessary hearing to set timetable
• Trial in Crown Court

Question 14

Appeals from Magistrates to Crown court (summary)

Answer 14

• Appeal by defendant only
• Appeal against conviction on points of law or fact (only if D pleaded not guilty at trial)
• Appeal against a sentence (rehearing before judge and 2 magistrates)

Question 15

Appeals from Crown Court to High Court (KBD) - Summary

Answer 15

Appeal by either prosecutor or defendant by way of case stated

Must be on a point of law

Question 16

Appeals from High Court (KBD) to SC - summary

Answer 16

• Prosecutor and D can appeal
• Points of law only
• High Court must certify point of law of general public importance AND either the SC or the HC must grant leave to appeal

Question 17

Appeal from Crown Court to Court of Appeal (criminal division) - indictable only

Answer 17

Appeal by D with leave
* Against conviction or sentence
* Point of law or fact

A-Gs reference
* Following acquittal in Crown Court, A-G may refer a point of law for clarification to CoA - this does not affect the acquittal
* If A-G thinks trial judge has given an unduly lenient sentence, may refer the case to CoA to replace with a more appropriate sentence

Question 18

Appeal from Court of Appeal (criminal division) to SC - indictable only

Answer 18

• Points of law only
• CoA must certify point of law of general public importance AND
• CoA or SC must grant leave of appeal
• Either side can appeal

Question 19

Who sits in the magistrates court?

Answer 19

3 lay magistrates (usually)
or
sole district judge

Question 20

Where is magistrates?

Answer 20

all over country

Question 21

What is the magistrates jurisdiction?

Answer 21

• Issue of summonses and warrants for search/arrest
• Bail applications
• Trials of summary offences

Question 22

Where is crown court?

Answer 22

centres across country

Question 23

Who sits on crown court?

Answer 23

High Court judge, circuit judge or recorder (usually sitting alone)

Jury for trials