criminal courts

Question 1

what are the 4 courts in criminal courts

Answer 1

• mags court
  crown court
  coa crim div
  sc

Question 2

where are all crim cases started

Answer 2

mags court , 97% concluded there

Question 3

what cases are only heard in the mags court

less serious crimes.

Answer 3

• summary offences

e.g
motoring offences
less serious assaults
public order offences

mags try case, set timetable, decide bail, hear evidence, decide if guilty or not guilty, if guilty, most appropriate sentence

Question 4

serious crimes

Answer 4

• ## heard in mags court but taken up to crown court

Question 5

what are the 3 different categories of offences

Answer 5

summary
triable either way
indictable

Question 6

summary offences

Answer 6

mags court

e.g
driving w/o insurance
common assault

criminal damage under 5k

Question 7

triable either way offences

Answer 7

mags court OR crown court, decision made at mode of trial where plea before venue takes place

e.g
theft
obtaining property by deception
criminal damage over 5k

Question 8

indictable

Answer 8

crown court

e.g
murder
manslaughter
rape
robbery

Question 9

describe and illustrate the different categories of criminal offence

8 marker

Answer 9

• summary offences, less serious crimes, cases heard in mags court only, cases involve, criminal damage under 5k, common assault, driving w/o insurance etc
• triable either way, middle ranged crimes, cases heard in either mags or crown court, decision made at mode of trial where plea before venue takes place, cases such as criminal damage over 5k, theft, obtaining property through deception etc
• indictable offences, most serious crimes, heard in the crown court, cases involve murder manslaughter robbery and rape etc

Question 10

what limits does the mags court have

Answer 10

tew offences - can only hear these cases if mags court have accepted juristcition and D has elected mags court

• can only sentence someone or 6 months to prison for one offence and 12 months for 2 or more offences

Question 11

what courts make up the mags court

Answer 11

• adult court, criminal cases, over 18s
• youth court, 10-17
• family proceedings court - some family disputes settled
• civil court - civil cases

Question 12

what is the defendant asked under the plea before venue procedure

Answer 12

if they plead guilty or not guilty

Question 13

what happens if the D pleads guilty

Answer 13

no right to ask to go to crown court, will be sentenced in mags court by magistrates unless they decide they have insufficient sentencing powers

e.g 6 month 1 offence

12 months 2 or more offences

isn’t enough time for their crime

Question 14

what happens if the D pleads not guilty

Answer 14

mags must carry out mode of trial proceedings to establish where case will be tried

Question 15

what is mode of trial

Answer 15

proceedings which establish where case will be tried

Question 16

describe mode of trial proceedings

Answer 16

mags first decided if they think the case should be tried in the mags court and whether they are prepared to accept jurisdiction

must consider nature, and seriousness of case

Question 17

describe the procedure for deciding where a triable either way offence should be heard

8 marker

Answer 17

-plea before venue , D asked if they plead guilty or not guilty, if they plead guilty, there’s no right to go to crown court, mags will sentence at mags court, if they feel that they have insufficient sentencing powers for that case then they will send it to the crown court for sentencing

• if plead not guilty, mode of trial proceedings take place to decide which court the case will be tried in
• mags first decide if the case is suitable to be heard in the mags court, if not then they send the case to the crown court to be tried and sentenced
• but if mags feel prepared and accept jurisdiction, the D has the power to choose if they want to be heard in the mags court or the crown court

Question 18

where/ why may the prosecution appeal

Answer 18

court of appeal criminal div

if believes that D received lenient sentence, or they were wrongly acquitted

Question 19

where / why may D appeal

Answer 19

coa civ div

believe that sentence was too harsh

Question 20

Describe the different appeal routes available to the defence from the Crown Court

8 marker

Answer 20

• D may appeal against conviction or sentence, or both to the coa crim div
• leave of appeal must be granted by the trial judge or from the coa itself

-the only ground for allowing an appeal against conviction is that the conviction is unsafe and the coa may order a retrial or quash the conviction, only if allows the defendants appeal

• when hearing appeal, coa may show new evidence,

Question 21

describe the different appeal routes avaiable to the prosecution from the crown court

8 m

Answer 21

couldn’t tell u mate