Criminal Courts

Question 1

What is the jurisdiction of the Magistrates’ Court?

Answer 1

-All summary

-Some triable either way

-Sentencing powers; 1 offence = 6 months, multiple offences = 12 months

-community order up to 300 hours

-discharges for unfair sentences

Question 2

What is the jurisdiction of the Crown Court?

Answer 2

-Some triable either way

-all indictable

-judge has unlimited sentencing powers

-jury used if defendant pleads not guilty and there is a trial

Question 3

What is the classification of summary offences?

Answer 3

-least serious

-‘petty’

-tried summarily at Magistrates’ Court

-assault, battery, traffic offences

Question 4

What is the classification of triable either way offences?

Answer 4

-mid range

-Magistrates’ Court or Crown Court depending on circumstances

-seriousness of offences will lead to Magistrates’ accepting or declining jurisdiction

-theft, fraud, ABH, criminal damage

Question 5

What is the classification of indictable offences?

Answer 5

-Crown court

-most serious

-murder, robbery, rape

Question 6

What is the mode of trial for summary offences?

Answer 6

-Accused put before Magistrates’ Court

-Early Administrative Hearing done by single magistrate or legal adviser make decisions about legal aid and bail

-Summary offences can be dealt with at first hearing

-Guilty plea, magistrates sentence defendant or adjourn case for pre sentence report made by probation service

-Not guilty plea, magistrates set a date for trial at Magistrates’ Court

Question 7

What is the mode of trial for triable either way offences?

Answer 7

-Early Administrative Hearing

-charged with triable offence

-‘plea before venue’ enters plea

-guilty plea, magistrates sentence, if they believe defendant deserves a more serious punishment than their jurisdiction, defendant sent to Crown Court for judge to pass sentence

-Not guilty plea, ‘mode of trial hearing’, magistrates consider facts and decide whether they accept jurisdiction, consider seriousness and hear reasons from both parties

> accepting jurisdiction - defendant has right to choose to be tried summarily at Magistrates’ Court or by jury at Crown Court

> decline jurisdiction - sent to Crown Court for trial by jury and judge

Question 8

What is the mode of trial for indictable offences?

Answer 8

-Early Administrative Hearing

-charged with indictable offence

-guilty plea, judge passes sentence

-not guilty plea, tried by jury who decide verdict, if found guilty judge passes sentence