criminal courts Flashcards
Describe the different classification of offences and which court hears them (8 marks)
summary - always magistrates court
triable either way - either magistrates or crown
indictable - always crown court
summary offences
least serious
always heard in magistrates
start with a charge of summons
examples : assault, battery and shoplifting
Indictable offences
most serious
always heard in crown
first hearing in magistrates
examples : murder and rape
tri-able either way offences
medium level of seriousness
start with a charge or summons
heard in magistrates or crown
examples : theft and burglary
Describe the jurisdiction of the Magistrates and Crown Courts (8 marks)
Magistrates hear all summary and less serious either way offences and Crown hears serious either way offences and indictable ones
jurisdiction of Magistrates Courts
hear all summary and less serious either way offences
1st hearing for more serious either way offences and indictable ones then send to Crown Court
Side matters, deal with preliminary matters connected with criminal cases such as issuing search and arrest warrants to police
hear cases in youth court where D is between 10-17
jurisdiction of Crown Courts
hear serious either way offences and indictable ones
hears appeals from Magistrates Court and sit with two magistrates during the hearing
sentence guilty D’s sent from Magistrates
jury in Crown Court decides whether a D is guilty, judge decides a sentence
pre-trial procedure for summary offences (8 marks)
always dealt with by Magistrates
all cases start with a charge or summons
first hearing, starts with a plea where the D will plead guilty/not guilty
bail and legal representatives will be discussed
followed by an adjournment to prepare case for a full trial at the Magistrates Court or for the sentence hearing
pre-trial procedure for triable either way offences (8 marks)
can be in Magistrates Court or Crown Court
All cases start with charge or summons
1st hearing starts with a Plea before venue hearing where D is asked how they plead and bail and legal representatives are considered
If plead guilty - heard in Magistrates Court
If plead not guilty - then a Mode of Trial Hearing takes place to decide where the case should be heard
The trial can either be in Mags Court or committal hearing and transfer to Crown Court for hearing
pre-trial procedures for indictable offences (8 marks)
always in Crown Court
all cases start with a charge or summons
1st hearing heard in Mags Court which considers plea, bail and legal representatives for D
then a Committal Hearing as all indictable offences are sent to the Crown Court for trial at the end of the first hearing
another First Hearing in Crown Court where D will again enter a plea
a date will then be sent for the trial in the Crown Court
pre-trial procedures for indictable offences
Charge or summons -> First hearing (Mags) -> Committal Hearing -> First hearing (Crown) -> Crown Court Trial
describe the Appeals process from Magistrates Court
from Magistrates Court..
the first appeal is to the Crown Court, it is only available to the D
no permission is required and D can appeal against conviction or sentence
second appeal can be made to the High Court : King’s Bench Division which is called a “case stated appeal” and is made when either D or prosecution appeal on a point of law
final appeal to the Supreme Court is possible if “a point of law of general public importance” is involved (case involves a very important issue which needs to be considered by senior judges) these types of appeals are rare.
Describe the Appeals from the Crown Court
from Crown Court..
first appeal can by made by the prosecution or D to Court of Appeal (D can appeal against conviction or sentence. Prosecution against judge’s ruling, against an acquittal (not guilty verdict) or against an unduly lenient sentence and appeal for a re-sentencing)
both prosecution and D can appeal to the Supreme Court on “a point of law of general public importance” leave to appeal must be granted and appeals of this type are rare.
