criminal courts

Question 1

summary offences

Answer 1

• least serious
• always tried at the magistrates court
• assault, battery, criminal damages and driving offences

Question 2

what happens to summary offences

Answer 2

• guilty: sentenced there and then
• not guilty: adjournment to give time for the evidence to be collected/prepared

Question 3

triable either way offences

Answer 3

-middle of the range offences
- tried at magistrates or crown court
- s.47 ABH and s.20 GBH

Question 4

what happens to triable either way offences

Answer 4

• first hearing in the magistrates court
• guilty: sentenced straight away
• not guilty: magistrates will have a hearing to decide whether the case will be heard in magistrates or crown court

Question 5

indictable offences

Answer 5

• most serious
• manslaughter, murder, rape
• must be tried at the crown court before a judge and jury
• s.18 GBH

Question 6

what happens to indictable offences

Answer 6

• first hearing in the magistrates court
• all indictable offences then sent immediately to the crown court
• unlikely D will be granted bail and likely to be remanded in custody

Question 7

jurisdiction of the magistrates court

Answer 7

• deals with side matters related to criminal cases such as issuing warrants
• tries cases in the youth court where the defendants are aged 10-17

Question 8

appeals from the magistrates court

Answer 8

• either the crown court or the king’s bench division (high court)

Question 9

appeals to the crown court

Answer 9

• only available to the defendant
• ## D pleaded guilty: can only appeal the sentence, D pleaded non guilty: can appeal against the sentence and/or the decision

Question 10

case stated appeals

Answer 10

• goes to the king’s bench division
• can be used by both the prosecution and the defence
• route is only used by the defendant against a conviction, or the prosecutor, against an acquittal where it is claimed that the magistrates came to the wrong decision because they made a mistake about the law