Criminal courts Flashcards
What are the 2 main criminal courts
Magistrates and crown
What are the 3 classification of offences
Summary, Indictable and Triable either way
What is the first stage of the pretrial procedure of a summary offence
Starts in the magistrates and usually occur within their first appearance, it may be adjourned to gather evidence, for the D to obtain legal advice and to complete pre sentence reports, bail may be also talked about in this section
What is the second stage of the pretrial procedure of a summary offence
If the defendant pleads guilty then the magistrates will pass a sentence, if they plead not guilty their case will be heard and a decision will be made
What is the pretrial procedure for a triable either way offence
There is a plea before venue hearing at the magistrates and the D states whether they are guilty or not guilty, bail and legal funding may also be talked about at this stage
What happens if in a triable either way offence the D pleads guilty
The magistrates hear the facts of the case and decide whether they have the sentencing powers, if they believe they don’t it will be sent to the crown court
What happens if in a triable either way offence the D pleads guilty
A mode of trial hearing occurs in which the magistrates hear the facts of the case and accept the trial. If the magistrates accept the case then the D can choose what court they want their case to be held in but if they do not accept it automatically goes to the crown court.
What is the pretrial procedure of an indictable offence
There is an early administrative hearing in the magistrates court in which paperwork such as bail and funding is discussed. The case is then sent to the crown court for a plea and directions hearing.
What happens if the D in an indictable offence pleads guilty
An adjournment before sentencing so pre sentence reports can be written
What happens if the D in an indictable offence pleads not guilty
An adjournment before trial where legal funding and bail can be discussed during the proceedings, the crime committed will effect the process adopted
How many crown courts are there in England and Wales
92
How many cases are heard in crown court every year
80,000
What does jurisdiction mean
Constitutionally based authority of a court to hear and determine cases
What is the definition of leave to appeal
Permission to make an appeal
What is the definition of case stated appeal
Written statement setting out facts of the case
What is the definition of point of law
Applying principles of law to the facts
Who hears an appeal in the crown court
Judge and 2 lay magistrates
What right does the D have from a magistrates court for appeals
An automatic right to appeal meaning the case will be reheard entirely
What can crown court judges do to the sentence
Confirm, reverse or vary the conviction and confirm, increase or decrease the sentence
If the D pleads guilty in the magistrate then what can they appeal against
Only appeal against the sentence
If the D pleads not guilty in the magistrate then what can they appeal against
The conviction or the sentence
After the Crown court where does the appeal go next from a magistrate
High court- Kings bench division
Why might a case go to the KBD
Available for prosecution & defence usually where magistrates’ make a
mistake about the law (explain findings, appeal based on the law on those case
facts)
Who hears the appeal in the KBD
2 hight court judges from the KB