Criminal Courts Flashcards
what are the 3 types of crime?
summary, triable either way and indictable
what are summary crimes?
low level offences
what are some examples of summary crimes?
speeding, common assault
where are summary crimes tried?
magistrates court
what is the process of dealing with a summary crime?
plea guilty or not guilty:
if plead guilty - sentencing by mags
if plead not guilty - magistrates in a group of 3 will look at evidence and decide verdict
what are indictable crimes?
the most serious crimes
what are some examples of indictable crimes?
murder, manslaughter, GBH
where are indictable crimes tried?
crown court
what is the process of dealing with an indictable crime?
early administrative hearing (reading and collecting of evidence)
crown hears plea (hear D’s plea)
if plead guilty - sentencing in crown court
if plead not guilty - trial by jury and sentenced or released based on outcome
what are triable either way crimes?
could be summary or indictable offences
what are some examples of triable-either-way offences?
plea before venue: guilty or not
mode of trial is selected (summary or indictable)
mags/crown can accept or reject cases. they will reject if they think the other court is more suited.
composition of a magistrates court:
magistrates (unpaid volunteers who sit in a panel)
district judge (only complex cases)
court clerk (legally trained - give guidance on legal matters)
jurisdiction of the magistrates court in criminal cases:
Preliminary hearing (pre-trial/bail)
admin duties (bail extensions)
Youth cases (youth court - informal)
Sentencing powers (1-12 months, 2-18months)
Appeals (2 mags go crown w appellant)
Number of cases (95%)
Decide verdict (panel of 3 - verdict and sentence)
jurisdiction of magistrates court in civil cases:
civil debts
issuing licenses
family matters
composition of the crown court:
jury
district/circuit judge
administrator
