Criminal Court Procedure Flashcards
What Law governs criminal offences?
Criminal Law Act 1977
What are the 3 types of criminal offences?
+ Summary Offences
+ Triable Either-Way Offences
+ Indictable Offences
What is the “Crown Prosecution Service”?
A group that ensures wrongdoers are brought to justice. Sort of like a Union of Prosecutors
What are “Summary Offences”?
The least serious ‘petty’ crimes (e.g. Minor assault). They are triable summarily at the Magistrate’s court.
What are “Triable-Either Way” offences.
Can be tried at the Magistrates court or the Crown court depending on the circumstance. E.g. theft
What are Indictable Offences?
Indictable offences are tried at the Crown Court. They are the most serious offences. E.g. murder
What is the maximum custodial sentence the Magistrates court can impose?
Up to 6 months for summary offences and 2 x 6 months for 2 or more TEW offences
What is the maximum fine the Magistrates Court can impose?
£5000
Who hears cases in the magistrates court?
3 Lay Magistrates or a District Judge of the Magistrates Court (DJMC)
What duties does the CPS (Crown Prosecution Service) have?
+ Advises the police on prosecution cases
+ Reviews cases submitted by the police for prosecution
+ Determines the charge in more serious and complex cases.
+ Prepares cases for court
+ Presents those cases at court
What do Magistrates’ courts do?
+ Listen to Summary and TEW cases
+ Bail applications
+ Stop and Search warrants
+ Youth Courts
What age range must a defendant be between to be tried in a Youth Court?
10-17 years old
What are some criticisms of Magistrates’ Court work?
+ Court clerks who advise magistrates may interfere with the fact-finding process
+ DJMC’s make the decisions alone, and quickly!
What is the role of a Judge?
Someone who acts as a “sole arbiter of the law”
Also the one who hands down the sentence
Who are the Jury?
The sole arbiter of fact
Also the people who decide if a defendant is guilty or innocent
What is the jurisdiction of the Crown Court?
+ Hears all indictable offences
+ Hears severe TEW offences
+ Hears cases referred by magistrates for sentencing
+ Hears appeals from the Magistrates Court
What can a defendant appeal to the Crown Court against?
Defendant can appeal against a Conviction or sentence
What can the defendant hope to achieve by appealing a conviction?
Sentence may be increased or decreased
Complete rehearing of a case
What can the prosecution or defence appeal against?
Against conviction only
What court can the defendant appeal to?
The Crown Court
What court can the defence or prosecution appeal to?
The High Court (Queen’s Bench Divisional Court)
What court can be appealed to after the Queen’s Bench Divisional Court?
The Supreme Court (if a point of general public interest and permission is given)
What is a standard Summary Trial procedure?
- The charge is read out
- Defendant enters their plea (guilty/not guilty)
- The trial (prosecution opening speech and evidence)
Who gives the opening statement in a Summary trial?
The Prosecution (because the burden of proof is on them)
