Criminal & Civil courts Flashcards
1
Q
Where are summary offences tried? & 2 examples of an offence
A
- Magistrates court
- Common assault, driving without insurance
2
Q
Where are triable-either way offences tried? & 2 examples
A
- Magistrates or crown court
- Theft, assault causing abh
3
Q
Where are indictable offences tried? & 2 examples
A
- Crown court
- Murder, rape
4
Q
What are the maximum sentences magistrates can impose?
A
- 6 months for one offence
- 12 months for two offences
5
Q
Which courts can set a binding precedent?
A
- Supreme court
- Court of Appeal
- High Court (divisional court when hearing appeals)
6
Q
Outline the hierarchy of the courts
A
- Supreme court
- CoA (criminal and civil)
- Divisional court (high court when it hears appeals)
- High court (chancery, king’s bench division, family division)
Criminal - Crown court, magistrates court
Civil - County court
7
Q
What is the highest court in the land?
A
Uk supreme court - binds all lower courts
8
Q
Describe the route of appeal from the magistrates court
A
- (Crown Court - defence only)
- King’s Bench Division
- Supreme Court
9
Q
Describe the route of appeal from the crown court
A
- Court of Appeal
- Supreme Court
10
Q
What situations can the prosecution appeal in from the crown court
A
- Against a judge’s ruling
- Against acquittal, referring a point of law
- Against sentence
