Courts And Appeals 1A Flashcards
What are the two Criminal courts of first instance?
Magistrates- less serious
Crown- more serious
Where are summary offences heard?
Give some examples.
Magistrates court
Assault
Battery
Speeding
Where are triable either way offences heard? Give some examples.
Magistrates or crown court
S47 - ABH
S20 - Wounding and GBH
Theft
Where are indictable offences heard? Give some examples.
Crown court
S18 - Wounding and GBH
Murder
Who decides the verdict and sentencing in the magistrate’s court?
The three magistrates.
Who decides the verdict in crown court?
Jury
Who decides the sentencing in crown court?
Judge
Where will this case be heard?
Denis charged with theft of £100,000 from employer.
As it is triable either way, it could be mags or crown. However, the amount that has been stolen is significant therefore it will most likely go to the crown court.
Where will this case be heard?
Dippy forgetting to renew his MOT.
Magistrates court because it is a low level crime.
What are the first two steps in the procedure for summary offences?
1) There will be a hearing at the mags court.
2) D’s identity will be confirmed by the clerk and D will enter a plea.
What are the 3rd and 4th steps when D pleads guilty of a summary offence.
3) There will immediately be a sentencing hearing.
4) The mags will then announce their sentence.
What are the 3rd and 4th steps when D pleads not guilty of a summary offence?
3) The mags will try to discover the issues.
4) They will decide on bail, then set a date for trial.
What are the first two steps in all triable either way cases?
1) There will be an initial hearing at the mags (called a plea before venue hearing)
2) D’s identity will be confirmed by the clerk then D will enter a plea.
What are the 3rd and 4th steps in triable either way offences if D pleads GUILTY?
3) There will immediately be a sentencing hearing.
4) The magistrates will announce their sentence.
OR if they feel they can’t give a harsh enough sentence they will request a hearing in the crown court.
What are the 3rd and 4th steps in triable either way cases if D pleads NOT GUILTY?
3) the mags perform a mode of trial hearing to decide where a case will be heard.
4) The mags decide if the case is suitable for a mags trial, whether they are prepared to accept jurisdiction, the nature and seriousness of the offence, and any representation of the prosecution and defence.
What is the 5th step in triable either way cases if the mags feel they can’t handle the case?
It goes to crown
What is the 5th step in triable either way cases if the mags think they can handle the case?
D decides which court to have his trial in.
What is the 6th step in triable either way cases if the D picks the mags court?
The mags will try to discover the issues and set a date for trial.
What is the 6th step in triable either way cases if the D picks crown court?
Pre-trial matters are handled by the crown court.
What happens in a sentencing hearing?
A brief statement of facts from the prosecution, as well as any statements D wishes to make are presented to the court.
What does jurisdiction mean?
The power to make legal decisions and judgements.
What are the first two steps in indictable cases?
1) Initial hearing at mags (called Early Administrative Hearing)
2) D identity confirmed by clerk and mags decide on bail and legal aid.
What is the third step in indictable cases?
There is a plea and trial preparation hearing in crown court. D will enter a plea.
What is the 4th step in indictable cases if D pleads GUILTY?
He is sentenced by the judge.
