Criminal Courts Flashcards
Role of Courts in first instance
Magistrates’ Court
1. This court hears all cases at first instance. They are heard by three magistrates or one District Judge.
2. Try all summary cases and less serious TEW offences
3. Deal with first hearing of indictable offences
4. Complete admin tasks such as Issuing arrest warrants to police and extending police custody time. They decide whether to accept or refuse bail applications and access to legal aid.
5. Try cases in Youth Court (10-17)
Crown Court
6. This court can try more serious TEW and indictable offences at first instance.
7. If the plea is guilty, the judge will sentence the D. If the plea is not guilty, a jury trial will be arranged.
8. The jury decide the verdict based upon the facts of the case and the judge decides the appropriate sentence.
Evaluation of choosing a trial in a Crown Court (12)
+ The defendant is more likely to be acquitted in Crown Court than Magistrates’ Court - At Crown Court approx. 60% of defendants who plead not guilty are acquitted. In Magistrates’ Court about 15% of defendants who plead not guilty are acquitted. Reasons for high acquittal are because most are the result of the judge discharging the case due to the prosecution dropping the case or the witnesses not turning up. In addition, Juries acquit in more cases than magistrates.
+ The defendant is more likely to receive legal aid in Crown Court. The means test for Crown Court is easier to qualify for than the one for Magistrates’ Court. Representation by a lawyer in court is expensive. Most defendants receive legal aid in Crown Court therefore representation is free. If they do make a contribution towards the costs, these may be refunded if they are found not guilty. However, in Magistrates’ Court it is difficult to qualify for legal aid. About ¾ of adults do not qualify for legal aid therefore can be expensive in lawyers fees.
- There is usually a longer wait for trial in Crown Court than in Magistrates’ Court. This means that if the defendant is not given bail, they will end up waiting in prison. It can cause problems for the defendant if they are remanded in prison during this waiting time. They could lose their job and be in financial hardship by the time their case comes to trial and they are acquitted. Choosing trial in Magistrates’ Court is a quicker process and the impact of their absence may not be as great.
- There are higher sentencing powers in Crown Court. The maximum prison sentence that a magistrate can give is 6 months for one offence. In Crown Court the judge can sentence up to the maximum for the offence. This means the defendant can be given a longer sentence if found guilty. This could be the difference of years therefore a major disadvantage.
