Criminal Court Structure Flashcards
Where do all criminal cases in England and Wales start?
A) The Crown Court
B) The Supreme Court
C) The Magistrates’ Court
D) The Court of Appeal
C) The Magistrates’ Court
Where do all defendants aged 18 or over have their first hearing?
A) Youth Court
B) Magistrates’ Court
C) Crown Court
D) Court of Appeal
B) Magistrates’ Court
A 16-year-old defendant will have their first hearing in the Youth Court unless:
A) They are charged with a summary-only offence
B) They are jointly charged with an adult
C) They request to be tried in the Crown Court
D) The Court of Appeal orders otherwise
B) They are jointly charged with an adult
What type of cases does the Magistrates’ Court always hear?
A) Indictable-only offences
B) Summary-only offences
C) Appeals from the Crown Court
D) Judicial review cases
B) Summary-only offences
Which of the following is NOT true about the Magistrates’ Court?
A) It hears summary trials
B) It has criminal appellate jurisdiction
C) It can sentence up to 12 months for either-way offences
D) It consists of District Judges or lay magistrates
B) It has criminal appellate jurisdiction
What is the maximum imprisonment sentence that the Magistrates’ Court can impose for a single offence?
A) 3 months
B) 6 months
C) 12 months
D) 2 years
B) 6 months
Which of the following offences must always be tried in the Crown Court?
A) Summary-only offences
B) Indictable-only offences
C) All either-way offences
D) Regulatory offences
B) Indictable-only offences
In a Crown Court trial, who is the tribunal of fact?
A) The judge
B) The jury
C) The magistrates
D) The Court of Appeal
B) The jury
What is the primary function of the Crown Court?
A) To review decisions from the Supreme Court
B) To hear trials of indictable offences and some appeals
C) To hear summary-only offences
D) To act as a judicial review body
B) To hear trials of indictable offences and some appeals
What type of cases does the High Court (Queen’s Bench Division) handle in criminal matters?
A) Appeals from the Crown Court in its trial capacity
B) Appeals by way of case stated and judicial review
C) First hearings for indictable offences
D) Sentencing for either-way offences
B) Appeals by way of case stated and judicial review
The High Court does NOT have jurisdiction to:
A) Conduct judicial reviews
B) Hear appeals on points of law from the Magistrates’ Court
C) Review matters relating to a trial on indictment
D) Hear judicial review cases from the Crown Court
C) Review matters relating to a trial on indictment
The Court of Appeal hears appeals from which court?
A) Magistrates’ Court
B) Crown Court
C) High Court
D) Supreme Court
B) Crown Court
What must a defendant obtain before the Court of Appeal hears their case?
A) Automatic referral from the Crown Court
B) Leave (permission) to appeal
C) A signed statement from the prosecution
D) A jury decision
B) Leave (permission) to appeal
When can the Court of Appeal quash a conviction?
A) If it determines that the conviction is unsafe
B) If the defendant was found guilty in the Magistrates’ Court
C) If a jury found the defendant guilty
D) Only if the Attorney General requests it
A) If it determines that the conviction is unsafe
- What is the primary function of the Supreme Court in criminal cases?
A) Hearing all criminal appeals from the Crown Court
B) Reviewing points of law of general public importance
C) Rehearing trials with new juries
D) Reviewing sentencing decisions from the Magistrates’ Court
B) Reviewing points of law of general public importance
How does a case reach the Supreme Court?
A) Through automatic appeal from the High Court
B) By permission (leave) from the Court of Appeal or Supreme Court
C) By request of the defendant
D) By jury decision
B) By permission (leave) from the Court of Appeal or Supreme Court
A defendant is charged with an either-way offence. The Magistrates’ Court accepts jurisdiction, but the defendant elects trial by jury. Where will the trial take place?
A) Magistrates’ Court
B) High Court
C) Crown Court
D) Court of Appeal
C) Crown Court
A defendant is convicted in the Crown Court and believes their sentence is too harsh. Where should they appeal?
A) Magistrates’ Court
B) High Court
C) Court of Appeal (Criminal Division)
D) Supreme Court
C) Court of Appeal (Criminal Division)
A defendant’s conviction is quashed by the Court of Appeal, but the prosecution believes the ruling raises an important question of law. What can the prosecution do?
A) Request the Supreme Court to hear the case on a point of law
B) Automatically retry the defendant
C) Overrule the Court of Appeal’s decision
D) File for a judicial review in the Magistrates’ Court
A) Request the Supreme Court to hear the case on a point of law
A case involving a serious fraud trial is heard in the Crown Court. The trial judge makes a ruling at a preparatory hearing that the prosecution disagrees with. Where can the prosecution appeal this decision?
A) High Court
B) Court of Appeal (Criminal Division)
C) Supreme Court
D) Crown Court
B) Court of Appeal (Criminal Division)
A 25-year-old defendant is charged with common assault, a summary-only offence. Where will their first hearing take place?
A) Crown Court
B) Magistrates’ Court
C) High Court
D) Court of Appeal
B) Magistrates’ Court
Appeal Against Sentence
22. A defendant is convicted of theft in the Magistrates’ Court and sentenced to six months in prison. They believe the sentence is too severe. Where should they appeal?
A) Crown Court
B) Supreme Court
C) High Court (Queen’s Bench Division)
D) Court of Appeal (Criminal Division)
A) Crown Court
A defendant is charged with murder, an indictable-only offence. Where will their plea be entered?
A) Magistrates’ Court
B) Crown Court
C) High Court
D) Youth Court
B) Crown Court
A defendant is convicted after trial in the Crown Court. They believe they were wrongly convicted due to a legal error. Where should they appeal?
A) Magistrates’ Court
B) Crown Court
C) Court of Appeal (Criminal Division)
D) Supreme Court
C) Court of Appeal (Criminal Division)
The Court of Appeal quashes a defendant’s conviction, but the prosecution argues that the ruling involves an important legal principle. What is the next step?
A) The prosecution can apply for the case to be heard in the Supreme Court
B) The defendant must be retried automatically
C) The High Court will review the decision
D) The Crown Court will re-hear the case
A) The prosecution can apply for the case to be heard in the Supreme Court