Crim Courts, Sentancing, Lay People (LS book 1) Flashcards
what are the 3 types of crimes
summary
triable either way
indictable
what are summary crimes
least serious
driving offences and criminal damage
what is the punishment for summary crimes
max 6 months prison
unlimited fine
what courts are summary crimes in
magistrates
what is the court process for summary crimes
guilty - sentenced
not guilty - trial, if NG free to go
what are TEW crimes
middle range offences
burglary theft abh
what court are tew crimes in
magistrates or crown
what is the process for tew crimes
guilty plea before = sentanced ( under 6 months magistrates, over 6 months crown court)
trial = magistrates decide if they hold trial. if they accept then d accepts or rejects that. if magistrates or d rejects then it goes to cc for trial by jury
what are indictable crimes
most serious
robbery, murder
what court are indictable crimes in
crown court
what is the court process for indictable crimes
preliminary hearing
plea and trial preparation hearing
guilty
OR
not guilty
what happens at a preliminary hearing
in magistrates
get ds identity
bail/ custody
legal aid
what happens at plea and trial preparation hearing
in crown court
arraign the D (takes plea)
what happens if you plead guilty to an indictable crime
sentanced in crown court
what happens if you plead not guilty to an indictable crime
case management hearing - set date, identify issues, dates set for disclosing evidence
indictment - sets out charges
trial - by jury
what is the composition of the magistrates court
magistrates- bench of 3
district judge - more complex cases
clerk - legal advisor