criminal courts Flashcards
identify the three categories of offences
summary, triable either way, indictable
summary offences
- Minor offences
- Always tried in the Magistrates’ Court
- Heard by 3 Magistrates
- Examples - Minor driving offences e.g. speeding, littering, assault
- Sentencing - Maximum sentence is six months imprisonment for one offence and a £5000 fine
triable either way
- Moderate offences
- Can be tried in either the Magistrates’ Court or the Crown Court depending on the pre-trial procedure
- Examples - Theft, Actual Bodily Harm (ABH), Sentencing
- Maximum sentence depends on which court tried in/where sentenced
indictable offences
- Serious/major offences
- Always tried in the Crown Court
- Heard by a judge and jury (12 laypeople)
- Examples - Murder, GBH, Manslaughter, Rape
- Sentencing - Maximum sentence is mandatory life and an unlimited fine
what is jurisdiction?
right, permission
jurisdiction of the magistrates’ court
- Tries all summary offences and some triable either way offences
- All trials heard by a panel of three Magistrates (sometimes one for minor driving offences)
- Magistrates listen to the facts and evidence and decide the verdict and sentence (where guilty)
- To deal with the first hearing of all indictable offences. These cases are then immediately sent to the Crown Court.
- To deal with all preliminary matters connected to criminal cases, such as issuing warrants for arrest and deciding bail applications.
- To try cases in the Youth Court where defendants are aged 10–17 inclusive
- Assisted with the law by the legal adviser
Representation is required – usually solicitors
Formal and open to the public. Defendant sits in the ‘dock’ at the back of the room. Magistrates sit elevated at the front of the room. Usher brings it witnesses etc. Clerk deals with the administrative side of the court
Jurisdiction of the Crown Court
- tries all indictable offences and some triable either way offences
- all trials heard by a judge and a jury of 12 lay people
- judge directs the jury on the law and deals with sentencing if defendant is found guilty
- jury listen to the facts and evidence and decide on the verdict
- Representation is required – barristers/solicitors
- Formal and open to the public
Defendant sits in the ‘dock’ at the back of the room. Judge sits elevated at the front of the room. Usher brings it witnesses/swears in the jury etc. Clerk deals with the administrative side of the court
pre-trial procedure of summary offences
- begin with the plea before venue which occurs in the Magistrates’ Court where the defendant pleads guilty or not guilty.
- If a defendant pleads guilty to a summary offence they are sentenced in the Magistrates’ Court.
- If they plead not guilty to a summary offence they are tried in the Magistrates’ Court and if found guilty, sentenced.
pre-trial procedure of indictable offences
- begin with the plea before venue which occurs in the Magistrates’ Court where the defendant pleads guilty or not guilty.
- For indictable offences, if a defendant pleads guilty they are sentenced in the Crown Court.
- If they plead not guilty, they are tried in the Crown Court and if found guilty, sentenced.
pre-trial procedure of triable either way offences
- TEW offences can be held in either court. The first stage is plea before venue which always occurs at the Magistrates’ Court and involves the defendant either pleading guilty or not guilty.
- If a defendant pleads guilty to a TEW offence then the Magistrates will decide if they have the jurisdiction to sentence the defendant, looking at their available sentencing powers. If they do not have jurisdiction, they will refer the case to the Crown for sentencing.
- If a defendant pleads not guilty to a TEW offence, a mode of trial must occur in which the Magistrates decide whether they have jurisdiction to hear the case. If they do then the defendant is given a choice as to which court he/she wants to be tried in. If the Magistrates do not have jurisdiction then the defendant is sent to the Crown Court to be tried.
guilty > sent to most appropriate court. not guilty > mode of trial
Appeals from Magistrates Court
Appeals from Crown Court
