Criminal courts Flashcards
Magistrates court jurisdiction
Deal with summary and Triable either way cases
Crown court jurisdiction
Deal with Triable either way and Indictable cases
Summary
Least serious offence
Summary examples
Penalty fines, Littering, Football bans
Summary pre trial
D enters and gives name and address
Prosecution opens and gives brief summary of case
Magistrates deliberate and decide
Magistrates pass sentence
Triable either way
middle range crimes.
Triable either way examples
Theft, stealing a vehicle
Whats the procedure for Triable either way cases called?
Plea before venue
Whats the defendant’s election?
Choice of court by TEW defendent if magistrates allow.
Why would a TEW case go to Crown court?
Complexity
Breach of duty
Organised crimes
Indictable
Most serious crime
Indictable examples
Murder
Rape
Robbery
What happens at the magistrates court for Indictable offences?
An early administration hearing
Whats the purpouse of an early administration hearing?
Legal funding and representation
Bail
Send to crown court for trial
What happens if the D pleads guilty at Indictable hearing?
Proceeds to sentence
What happens if the D pleads not guilty at Indictable hearing?
Trial date and timetable is set
appealing magistrates(guilty)
only sentence
hearing
confirm increase or decrease sentence
appealing magistrates(not guilty)
against conviction or sentence
judge+ 2 lay complete rehearing
confirm or increase sentence or guilty of lesser offence
appealing crown court
Fill out an appeal form
Appeals by way of case stated
Case must identify the question of law or jurisdiction
Whats the case for appeals by way of case stated?
C v Dpp
crown court not guilty(summary and TEW)
appeal to KBD against conviction
crown court not guilty(indictable)
must have permission from court of appeal
Crown court Guilty
Can only appeal sentence
What are the grounds of appeal from crown court?
Conviction is unsafe
CA powers
Give out prison sentences and community orders
Appeals by prosecution grounds
Jury tamping
New evidence has been found
Plea before venue
Pre trial hearing in magistrates
Defendent asked if plead guilty or not guilty
What happens if triable either way defendent pleas guilty?
Case proceeds to sentence hearing
What happens if triable either way defendent pleas not guilty?
Magistrates carry out mode of trial proceedings
Mode of trial proceeding
Magistrates decide most appropiate court to try case
What do magistrates consider when choosing a court?
Own powers
Recommendations by Prosecutor
Seriousness of offence
