criminal courts Flashcards
what are the criminal courts (5)
supreme
court of appeal
high court queens bench division
crown court
magistrates
what offences are there
summary
triable either way
indictable
summary offences what and where
least serious
magistrates court
nearly all driving offences and common assault s.39
triable either way what and where
middle range offences
magistrates or crown
theft,ABH,s.20 GBH
indictable
most serious
murder ms s.18
decision regarding bail and funding occurs in the MC
Automatically transferred the the crown court for trial and sentence
the magistrates court deals with what percent of cases
97% (1million)
what does the magistrates court deal with
preliminary issues like bail legal funding regardless on crime
bail is dealt with in the magistrate’s court bail act 1976 what principles is bail based off?
innocent until proven guilty
innocent people have the right to liberty A5
returned to community until trial date
conditional or unconditional
who sits on the magistrates court
a bench of 3 magistrates
some are heard by a professional district judge
legally qualified clerk will assist each magistrate w legal queries
what is the charge in the MC
6 months for one offence or 12 months for 2 plus
what can Magistrates impose according to LASPO
unlimited fines and community orders aswell as a. conditional discharge
how many crown courts are there in england
70
what happens if someone pleads guilty at CC
judge decides their sentence
if d pleads not guilty
case is heard by a judge and jury
summary process
d is asked how they want to plead
D pleads guilty the M will proceed w the case and decide on sentence during the hearing
D pleads not guilty, will proceed with the trial
sentence v acquitted
