Criminal Courts

Question 1

How are offences classified? Where are they heard?

Answer 1

Summary - (e.g. driving offences, common assault, criminal damage less than £5000 and shoplifting less than £200) - Magistrate’s Court

Triable-either-way - (e.g. middle range crimes, ABH, Theft) - Magistrate’s OR Crown Court

Indictable - (e.g. most serious crimes, murder, rape) - Crown Court

Question 2

How are the classifications decided for different level crimes?

Answer 2

If the D pleads not guilty, then the magistrates will decide where the case will be heard.

Under s 19 of the Magistrate’s Court Act 1980, they must consider the nature and seriousness of the case, their own powers of punishment.

Question 3

What right does the defendant always have for triable-either-way offences?

Answer 3

The right to choose trial by jury if they plead not guilty.

Question 4

Advantages of trial in the Crown Court

Answer 4

• More likely to be acquitted (15% Mag vs 60% Crown)
• More likely to receive legal aid and better legal representation

Question 5

Disadvantages of trial in the Crown Court

Answer 5

• Lengthy wait
• Very costly
• More likely to be reported on in press
• Judges have greater sentencing power