Criminal Courts

Question 1

What are the four types of Criminal Courts? (rank from highest to lowest)

Answer 1

Supreme Court, High Court (QBD), Crown Court, Magistrates

Question 2

How are appeals made from the Magistrates to High Court and the High Court to the Supreme Court?

Answer 2

Case Stated Procedure, Leap Frog

Question 3

What are summary offences? Give examples

Answer 3

Least serious, tried in the Magistrates. Examples include assault and battery

Question 4

What are triable either way offences? Give examples

Answer 4

Mid-range offences that can be tried in either the Magistrates or Crown court. Examples include s20 and theft

Question 5

What are indictable offences? Give examples

Answer 5

Most serious offences, tried in the Crown court. Examples include s18 GBH and murder

Question 6

What percentage of cases are heard from start to finish in the Magistrates?

Answer 6

97% of all criminal cases (deal with other 3% at preliminary level)

Question 7

What sentences can the Magistrates impose?

Answer 7

Maximum 6 months imprisonment or maximum fine of £5000

Question 8

How is the Crown Court run?

Answer 8

Run by a judge who decides and applies the law and if found guilty by a jury will deal with sentencing

Question 9

What powers/jurisdiction does the Crown Court have?

Answer 9

Sentences including life imprisonment and unlimited fines, try serious either way and all indictable offences, hear appeals from Magistrates

Question 10

What is the pre-trial procedure for all offences?

Answer 10

D is arrested and charged by police, they decide if they should be given bail, CPS decide to prosecute and the D receives a summons

Question 11

What is an early administrative hearing?

Answer 11

Done by a single magistrate where the issues of bail, legal aid and reports are addressed.

Question 12

What is the pre-trial procedure for a summary offence?

Answer 12

D is asked if they plead guilty or not, if so magistrates will sentence, if not a trial will take place and sentence passed if guilty

Question 13

What is a plea before venue?

Answer 13

The D is asked if they plead guilty or not

Question 14

Where is the case heard if a D pleads guilty to a triable either way offence?

Answer 14

Magistrates, however they can still send it to the Crown Court for sentencing

Question 15

What is a mode of trial procedure?

Answer 15

Done when D pleads not guilty to an either way offence, decides the most appropriate court (D given the choice)

Question 16

What happens if the D chooses the Magistrates court?

Answer 16

Magistrates consider if they think the case is suitable for them, if not they will transfer to the crown, or take it on but still send D to the Crown Court for sentencing

Question 17

What is a plea and case management hearing?

Answer 17

The judge takes on a managerial role and ensures that both parties are ready for trial or sentencing

Question 18

What happens if a D pleads guilty to an indictable offence?

Answer 18

There is an adjournment before sentencing fork pre-sentence reports to be written

Question 19

What happens if a D pleads not guilty to an indictable offence?

Answer 19

There is an adjournment before trail by judge and jury

Question 20

What can a D who pleads not guilty appeal?

Answer 20

Sentence and/or conviction

Question 21

What can a D who pleads guilty appeal?

Answer 21

Only their sentence

Question 22

What does it mean to appeal on a point of law?

Answer 22

Called by way of case stated, occurs when there is a mistake in the law and both prosecution and defence can appeal it

Question 23

What kind of appeals does the High Court (QBD) deal with?

Answer 23

Criminal appeals on a point of law, issues from here can also leap frog to the Supreme Court (public importance)

Question 24

What kind of appeals does the Supreme Court deal with?

Answer 24

Appeals from either the prosecution or defence on a point of law of great/general public importance (hear less than 60 a year)