Criminal Courts Flashcards
What are the three classifications of criminal offences?
1) summary
2) triable-either-way
3) indictable
Where are summary offences tried?
Magistrates court
What is an example of a summary offence?
Common assault or criminal damage where it’s less then £5,000
Where are triable-either-way offences tried?
Either magistrates or crown
What is an example of a triable-either-way offence?
Theft over £200 and assault occasioning actual bodily harm
Where is an indictable offence tried?
Preliminary hearing in the magistrate court
Actual hearing is always in crown court
Who hears cases in the magistrates court?
Legally qualified district judges (magistrates)
Unqualified lay justices (magistrates)
Also a legally qualified clerk to help out
What’s the maximum sentence a magistrate can give?
6 months for one offence
12 months for two offence
What is the maximum fine a magistrate can give?
Unlimited for the higher offences but for lower offences there are bands that each offence falls into each with its own maximum fine that can be imposed
What jobs do magistrates do?
1) hear all summary offences
2) hear triable either way offences where the defendant has chosen to be tried in the magistrates court
3) deal with preliminary hearings for triable either way offences which will be heard in the crown court
4) deal with all preliminary hearings for indictable offences
5) deal with all side matters connected to criminal cases (arrest warrants and deciding bail amounts)
6) try cases in youth court
Who can appeal to the crown court?
Defence only
What can the defendant appeal to the crown court about?
If they plead guilty they can appeal against the length of the sentence
If they plead not guilty they can appeal against the conviction and the length of the sentence
What happens when an appeal reaches the crown court?
It is reheard again by a judge and 2 magistrates
They can either confirm the decision made in the lower court or change it (make the sentence higher or lower, and also change whether they are found guilty or innocent
Who can use a case stated appeal?
Both prosecution and defendant
What is a case stated appeal?
An appeal on the point of law
When can a case stated appeal be used?
When the defendant thinks that they have been wrongly convicted because the magistrates have made a mistake on the point of law
When the prosecution thinks that the defendant has not been convicted because the magistrates have made a mistake on the point of law
Where can a case stated appeal be heard?
1) administrative court
2) Queens bench division - by 2 high courts judges
When can a case be sent to the Supreme Court for appeal?
1) the divisional court certifies that a point of law of general public importance is involved
And
2) the divisional court of the Supreme Court gives permission to appeal because the point is one which ought to be considered by the Supreme Court
What do the crown court deal with?
1) triable either way offences where the defendant has chosen to be heard in the crown court or where the case is too serious to be tried in the magistrates courts
2) all indictable offences
3) appeals from the magistrates court
Who hears cases in the crown court?
A judge and 12 jury
What does the judge decide?
The judge decides the point of law and if the defendant is found guilty the sentence
What does the jury decide?
Decide on the facts whether the defendant is guilty or not guilty
Who hears appeals from the magistrates court?
A judge sitting with 2 magistrates
What can the defendant appeal against?
1) the outcome of the case
2) the sentence length
What is a leave to appeal?
Where the defendant must receive permission to appeal from the trial judge
Why do we need leave of appeals?
To separate cases that need appeals from cases where there is no point to appeal. This is to save court time
Who hears permissions for leave to appeal?
A single judge of the court of appeal in private
