Criminal Courts Flashcards
Summary offences - what are they, example, where are they heard
They are the least serious offence, with a maximum sentence of 6 months imprisonment or a £5000 fine.
Examples would be driving offences or shoplifting under £200. These cases are heard in the Magistrates’ Court
Indictable offences - what are they, example, where are they heard
Most serious offence - some offences have a sentence up to life
Examples - Murder, Armed Robbery, Rape
The first preliminary hearing will be at the Magistrates Court, where issues such as legal representation and bail will be decided. Then the case is transferred to the Crown Court. All indictable offences must be tried at the Crown Court by a judge and jury, and all are sentenced in the Crown Court too
Triable either way offences - what are they, examples, where can they be heard
These are the middle range of offences.
Example - assault occasioning ABH
These can either be heard in the Magistrates’ Court or the Crown Court depending on the severity of the offence - including aggravating and mitigating factors.
Includes a Plea Before Venue and a Mode of Trial Hearing.
Pre-trial procedures for criminal offences
The next flashcards will be on pre trial procedures.
What tests do the CPS do to see if it is worth it to prosecute?
EBT - Evidential Burden Test - is there enough evidence?
PIT - Public Interest Test - Is it in the publics interest to have this case followed?
EAH - Early Administrative Hearing - where are these heard, what is decided in these hearings.
They are always in the Magistrates’ Court.
Decisions about legal representation/aid, bail, medical and pre-sentencing reports
Plea Before Venue hearing - what happens if there is a guilty/not guilty verdict
If defendant pleads guilty, the case is automatically heard in the Magistrates Court, although they can send to the Crown Court for sentencing if necessary - sentencing powers
If defendant pleads not guilty, a mode of trial hearing takes place
Mode of Trial Hearing - what should the Magistrates’ Court consider,
Magistrates are given the power to decide if they think they should have the case, using s.19 Magistrates Court Act 1980, which says they should consider:
- Nature and seriousness of the offence
- Sentencing powers (max. 6 months or £5000 fine)
- Representations from the prosecution or defense
If the Magistrates decide they can hear it, the defendant is also then given the choice between Crown and Magistrates
If the Magistrates decide they cannot hear it, it will go to the Crown Court
If the trial happens in the Magistrates Court and they decide after that it is above their sentencing powers, the Magistrates can find the defendant guilty and then send the case to the Crown Court for sentencing.
