Criminal Courts Flashcards
1
Q
Magistrate courts jurisdiction
A
- Jurisdiction of Magistrate court are limited
- Deal with summary offences and any triable by either way offences
- Almost all cases are heard here first
- They can refer cases to the Crown court if their powers are insufficient or the defendant has asked for his case to be heard in the Crown court
- they can give 6 months prison sentence for 1 offence they have committed and 12 months for 2 offences
- impose a range of penalties such as community orders
- the maximum fines they can give is £5000
- They also deal with bail applications and Issue warrants
The 3 magistrates decide the case
2
Q
Crown Court jurisdiction
A
The jurisdiction of the Crown court aren’t limited unlike the Magistrate court
They hear appeals from the magistrate court
They deal with triable either way and indictable offences
The 12 jury’s decides if the defendant if guilty or not guilty by taking into account the evidences both parties barristers have provided them with (defendants/prosecutors)
The case verdict is passed on by the judge
Then the sentencing is given unless the judge decides to postpone it due to considering the defendants background which will have significant impact of the sentence e.g single mother has children