criminal courts

Question 1

briefly explain crown courts

Answer 1

• courts of first instance
• verdicts (jury) and sentence (judge)
• unlimited sentencing powers
• jurisdiction to hear triable either way and indictable offences
• has jurisdiction to hear appeals from magistrates

Question 2

briefly explain summary offences

Answer 2

• least serious
• always tried in Magistrates
• includes: all driving offences, common assault and criminal damage worth less than £5000
• matters dealt with at first hearing
• D will be asked to plead guilty (if so magistrates will sentence) or not guilty (trial will take place)

Question 3

briefly explain triable either way offences

Answer 3

• middle range crimes, includes theft and s47 causing actual bodily harm
• these can be tried in the Magistrates or the Crown Court
• pre trial procedures include a plea before venue and a mode of trial following a guilty plea
• if tried in magistrates can send to CC for longer sentence

Question 4

briefly explain indictable offences

Answer 4

• most serious crimes: murder, manslaughter, robbery
• automatically done in Crown Court
• pre trial procedure includes early administrative hearing
• first hearing in Magistrates court then transferred to Crown Court
• prosecution and defence will be required to disclose evidence

Question 5

briefly explain summary offences - Pre Trial procedure

Answer 5

unlikely to be dealt with at first hearing unless D pleads guilty.
more likely an adjournment is required: to enable CPS to obtain more information, if D requires legal advice, if D pleads guilty and magistrates need pre sentence reports

Question 6

briefly explain early administrative hearing

Answer 6

prevents uneccesary delays by using it in first hearing.
can be dealt with by single lay magistrate or even court clerk
matters dealt with: if D applies for legal funding, pre-sentence or medical reports, decides if D should be remanded in custody or granted bail

Question 7

briefly explain procedure of triable either way offences

Answer 7

1. D has a plea before venue
2. if pleads guilty: magistrates hear the facts and if they decide their senttencing powers are sufficient they can sentence for up to 6 months, if not sufficient sent to CC for sentences of 6m+
3. if pleads not guilty: mode of trial hearing (how/where they will be tried), if magistrates accept jurisdiction then D elects place of trial (if they choose magistrates and 6m isn’t long enough can still be sent to CC) but if magistrates refuse jurisdiction then sent to CC for trial.