criminal courts

Question 1

crim standard of proof

Answer 1

beyond reasonable doubt

Question 2

crim burden of proof

Answer 2

prosecution (CPS)

Question 3

courts of first instance

Answer 3

magistrates

crown court

Question 4

3 classifications of offences

Answer 4

summary (least serious, magistrates, petty theft & driving offences)
indictable (most serious, magistrates then crown by judge and jury of 12, murder, rape)
triable either way (middle range, either court, ABH, GBH)

Question 5

when can a case be dealt with at the magistrates?

Answer 5

if the defendant pleads guilty
is legally represented
doesn’t want legal representation

Question 6

how can driving offences be dealt with at first hearing?

Answer 6

plead guilty by post

court not necessary

Question 7

magistrates role if pleads not guilty

Answer 7

discover issues of case

move it along to crown

Question 8

what is the first hearing known as

Answer 8

administrative hearing

speeds up process

Question 9

pre-trial procedures for triable either way offences

Answer 9

plea before venue

allocation hearing

Question 10

plea before venue

Answer 10

only for triable
guilty = magistrates if jurisdiction or to crown under s.3 Powers of crim courts 2000
not guilty = allocation hearing under s.19 mag courts act 1980

Question 11

what happens if magistrates has jurisdiction?

Answer 11

defendant can choose between mag and crown

Question 12

evaluation of crown court

Answer 12

higher chance of acquittal (60%+)
state pay for legal aid

longer wait, may not be on bail
media attention. costs
unlimited sentencing powers

Question 13

magistrates jurisdiction

Answer 13

summary and triable offences
preliminary hearings
bail applications
cases in youth court

Question 14

role of court clerk

Answer 14

guide magistrates

not part of decision making

Question 15

youth court

Answer 15

branch of magistrates

closed court

Question 16

trial in crown court

Answer 16

represented by barrister or solicitor
not guilty = jury sworn in and told case
jury decide guilty or not
judge sentences or discharges

Question 17

Criminal appeals governed by?

Answer 17

criminal appeals act 1995

Question 18

m appeals to crown

Answer 18

only available to defendant
guilty = appeal sentence
not guilty = appeal conviction
district judge & 2-4 mag

Question 19

m QBD appeals

Answer 19

from magistrates if error or acted out of jurisdiction
from crown
reverse decision or send back

Question 20

m to supreme appeals

Answer 20

importance
rare
C v DPP

Question 21

crown to c of appeal

Answer 21

by prosecution under crim act

or defence

Question 22

crown to c of appeal to supreme

Answer 22

important