Criminal courts Flashcards
1
Q
How are offences classified?
A
the type of offence will change as to where it will be tried and who will try it.
- criminal offences are split into three categories: summary, triable either way and indictable
2
Q
What are summary offences?
A
- least serious offences
- always tried at magistrates court
- include all driving offences, common assault and criminal damage which has caused less than £5,000 damage and shoplifting where value is less than £200
3
Q
What are triable-either-way offences?
A
- middle range
- can be tried at magistrates court or crown court
-include range of offences such as theft and assault causing ABH - the defendant pleading guilty will be heard at mags and defendant pleading not guilty has the right to ask to be tried at crown court by jury.
- mags can decide case is too serious for them and send it to crown court.
4
Q
What are indictable offences?
A
- most serious crimes
- manslaughter, murder and rape
- preliminary hearing will be at magistrates and then transferred to the crown court
- all must be tried at crown court by judge and jury
5
Q
What is the pretrial procedure for summary offences?
A
- aim is to complete the case at the earliest possible hearing
- where the defendant pleads guilty and is either already legally represented or does not want legal representation the mags will go ahead and decide sentence there and then
- many driving offences can be dealt with at first hearing where defendant can plead guilty by post not needing to attend court
- if pleading not guilty mags must at first hearing try to discover issues involved in the case so it can proceed as quickly and efficiently as possible.
6
Q
What is the pretrial procedure of triable-either-way offences?
A
- the pre-trial procedure must first decide where the case will be tried.
- there has to be a plea before venue.
7
Q
What is a plea before venue?
A
- the defendant Is first asked if they plead guilty or not guilty.
- if guilty plea they have no right to ask to be tried at crown court
- the mags may decide to send defendant to crown court if they feel their powers aren’t sufficient
8
Q
What is mode of trial?
A
- if plea not guilty then mags must carry out ‘mode of trial’ to decide where the trial will be held.
- must consider nature and seriousness of the case, their own powers of punishment and representations of the prosecution and defence
- involving complex questions of fact or law should be sent to crown court
- other relevant factors making a case more suitable for crown court are breach of trust by defendant and crimes committed by an organised gang.
9
Q
What is the defendants election?
A
- if mags are prepared to accept jurisdiction d then has right to choose trial by jury at crown court or tried at mags.
- defendant also warned if they choose mags and are found guilty they can be sent to crown court if mags feel their power of punishment is insufficient
- if mags send case to crown court or d elects for trial there the case will be sent and all other pre trial matters will be dealt with there.
10
Q
What are the advantages of trial in the crown court?
A
- d more likely to be acquitted, 15% in mags found to be not guilty compared to 60% in crown court, judge discharges case or directing that the defendant found not guilty as a result of prosecution dropping case or witnesses failing to attend.
- juries acquit 35% of cases compared with 15% in mags
- d more likely to receive legal aid.
- legal representative must have certificate of advocacy giving the right to present cases at crown court meaning they are more experienced at presenting cases.
11
Q
What are the disadvantages of trial in the crown court?
A
- there is usually a longer wait than mags and if not given bail, waiting will be in prison
- stress is much greater and trial is likely to last considerably longer, usually take several days in crown whereas mags rarely more than half a day
- more likely to be reported in the media
- costs are much greater if they pay for own lawyers or if ordered to pay part of prosecution cost this will be greater than in mags
- the judge at crown court has the power to give greater sentences.
12
Q
What is the pretrial procedure for indictable offences?
A
- first hearing is in the mags
- deal with whether d wants to apply for legal aid and issues of bail
- sent immediately to crown court
- all other pre trial and case management issues are dealt with by a judge at crown court.
13
Q
What are the magistrates courts?
A
- 240 mags in England and Wales
- they are local courts so one in almost every town
- each court deals with cases that have a connection to the geographical area
- heard by either qualified district judge or unqualified lay justices. also legally qualified clerk attached to each court to assist
- max sentence in prison is 6 months for one offence or 12 months for two offences.
- can impose fines with no limit for top end of the range but for others there are limits.
- can also impose community orders or conditional discharge
- LASPO gives court additional powers to issue higher penalties to those who have committed ‘level five’ offences.
14
Q
What is the jurisdiction of the magistrates courts?
A
- in criminal cases the mags deal with a variety of matters.
- hear summary and triable-either-way which make up 97% of all crim cases and about 1.5 million cases each year
- deal with prelim hearings for triable either way offences
- first preliminary hearing of indictable offences
- all side matters connected to crim cases like issuing warrants for arrest and deciding bail applications
- try cases where d is ages 10-17 inclusive
15
Q
What is the jurisdiction of the crown court?
A
- 90 different centres in England and Wales
- deal with about 80,000 cases per year
- try triable either way and indictable offences
- also hears appeals from magistrates
