Criminal Courts

Question 1

What are the three classifications of criminal offences?

Answer 1

1) summary
2) triable-either-way
3) indictable

Question 2

Where are summary offences tried?

Answer 2

Magistrates court

Question 3

What is an example of a summary offence?

Answer 3

Common assault or criminal damage where it’s less then £5,000

Question 4

Where are triable-either-way offences tried?

Answer 4

Either magistrates or crown

Question 5

What is an example of a triable-either-way offence?

Answer 5

Theft over £200 and assault occasioning actual bodily harm

Question 6

Where is an indictable offence tried?

Answer 6

Preliminary hearing in the magistrate court

Actual hearing is always in crown court

Question 7

Who hears cases in the magistrates court?

Answer 7

Legally qualified district judges (magistrates)

Unqualified lay justices (magistrates)

Also a legally qualified clerk to help out

Question 8

What’s the maximum sentence a magistrate can give?

Answer 8

6 months for one offence

12 months for two offence

Question 9

What is the maximum fine a magistrate can give?

Answer 9

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

Question 10

What jobs do magistrates do?

Answer 10

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

Question 11

Who can appeal to the crown court?

Answer 11

Defence only

Question 12

What can the defendant appeal to the crown court about?

Answer 12

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

Question 13

What happens when an appeal reaches the crown court?

Answer 13

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

Question 14

Who can use a case stated appeal?

Answer 14

Both prosecution and defendant

Question 15

What is a case stated appeal?

Answer 15

An appeal on the point of law

Question 16

When can a case stated appeal be used?

Answer 16

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

Question 17

Where can a case stated appeal be heard?

Answer 17

1) administrative court

2) Queens bench division - by 2 high courts judges

Question 18

When can a case be sent to the Supreme Court for appeal?

Answer 18

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

Question 19

What do the crown court deal with?

Answer 19

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

Question 20

Who hears cases in the crown court?

Answer 20

A judge and 12 jury

Question 21

What does the judge decide?

Answer 21

The judge decides the point of law and if the defendant is found guilty the sentence

Question 22

What does the jury decide?

Answer 22

Decide on the facts whether the defendant is guilty or not guilty

Question 23

Who hears appeals from the magistrates court?

Answer 23

A judge sitting with 2 magistrates

Question 24

What can the defendant appeal against?

Answer 24

1) the outcome of the case

2) the sentence length

Question 25

What is a leave to appeal?

Answer 25

Where the defendant must receive permission to appeal from the trial judge

Question 26

Why do we need leave of appeals?

Answer 26

To separate cases that need appeals from cases where there is no point to appeal. This is to save court time

Question 27

Who hears permissions for leave to appeal?

Answer 27

A single judge of the court of appeal in private