Criminal Courts Flashcards
What are the four types of Criminal Courts? (rank from highest to lowest)
Supreme Court, High Court (QBD), Crown Court, Magistrates
How are appeals made from the Magistrates to High Court and the High Court to the Supreme Court?
Case Stated Procedure, Leap Frog
What are summary offences? Give examples
Least serious, tried in the Magistrates. Examples include assault and battery
What are triable either way offences? Give examples
Mid-range offences that can be tried in either the Magistrates or Crown court. Examples include s20 and theft
What are indictable offences? Give examples
Most serious offences, tried in the Crown court. Examples include s18 GBH and murder
What percentage of cases are heard from start to finish in the Magistrates?
97% of all criminal cases (deal with other 3% at preliminary level)
What sentences can the Magistrates impose?
Maximum 6 months imprisonment or maximum fine of £5000
How is the Crown Court run?
Run by a judge who decides and applies the law and if found guilty by a jury will deal with sentencing
What powers/jurisdiction does the Crown Court have?
Sentences including life imprisonment and unlimited fines, try serious either way and all indictable offences, hear appeals from Magistrates
What is the pre-trial procedure for all offences?
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
What is an early administrative hearing?
Done by a single magistrate where the issues of bail, legal aid and reports are addressed.
What is the pre-trial procedure for a summary offence?
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
What is a plea before venue?
The D is asked if they plead guilty or not
Where is the case heard if a D pleads guilty to a triable either way offence?
Magistrates, however they can still send it to the Crown Court for sentencing
What is a mode of trial procedure?
Done when D pleads not guilty to an either way offence, decides the most appropriate court (D given the choice)
What happens if the D chooses the Magistrates court?
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
What is a plea and case management hearing?
The judge takes on a managerial role and ensures that both parties are ready for trial or sentencing
What happens if a D pleads guilty to an indictable offence?
There is an adjournment before sentencing fork pre-sentence reports to be written
What happens if a D pleads not guilty to an indictable offence?
There is an adjournment before trail by judge and jury
What can a D who pleads not guilty appeal?
Sentence and/or conviction
What can a D who pleads guilty appeal?
Only their sentence
What does it mean to appeal on a point of law?
Called by way of case stated, occurs when there is a mistake in the law and both prosecution and defence can appeal it
What kind of appeals does the High Court (QBD) deal with?
Criminal appeals on a point of law, issues from here can also leap frog to the Supreme Court (public importance)
What kind of appeals does the Supreme Court deal with?
Appeals from either the prosecution or defence on a point of law of great/general public importance (hear less than 60 a year)
