Criminal Courts Flashcards
The defendant does not have to disprove a case but must…
Cast sufficient doubt onto it.
Who decides guilt in the Magistrates Court?
District Judge or Lay Magistrate
Who decides guilt in the Crown Court?
A jury
What are 3 types of criminal offences?
Summary.
Triable either-way.
Indictable.
Summary Offences Levels?
L1 200 L2 500 L3 1000 L4 2500 L5 Unlimited
What cases do summary offences usually cover?
Nearly all driving offences, common assault, criminal damages less than 5000, shoplifting less than 200.
Triable either-way hearings held…?
Guilty plea - Magistrates
Not guilty plea - Crown
Indictable offences include…
Murder, rape, manslaughter.
Initially heard in MC.
Tried in Crown Court only.
Triable either-way act?
Magistrates Court Act 1980.
Advantages of Crown Court?
More likely to be found not-guilty.
Can receive legal aid from state.
Experienced lawyers.
Higher chance of acquittal.
Disadvantages of Crown Court?
Longer hearing than MC. More stressful. Media coverage. Higher cost. Higher sentence if guilty.
What document sets out charges for an indictable crime?
the indictment
Who can appeal to the Crown Court in Criminal Cases?
Defence only.
What are case-stated appeals?
appeals on points of law that go to QBD court.
CoA’s powers?
Allow an appeal and quash conviction. Vary conviction to lower offence. Decrease sentence. Dismiss appeal. Order a retrial with new jury.
