Criminal Courts

Question 1

What are the 3 types of offences?

Answer 1

Summary, triable either way, indictable

Question 2

Which court do summary offences go to?

Answer 2

Magistrates’ Court

Question 3

Which court do triable either way offences go to?

Answer 3

either Crown of Magistrates’ varying on the degree of harm caused.

Question 4

Which court do indictable offences go to?

Answer 4

Crown Court

Question 5

Approximately how many Magistrates’ Courts are there in the UK?

Answer 5

330

Question 6

The Magistrates’ Court tries all summary offences and most triable either way offences, what percent of all trials is this?

Answer 6

97%

Question 7

What is the maximum time of imprisonment the Magistrates’ can give?

Answer 7

6 months for a single offence, 12 months for multiple.

Question 8

Where is the first hearing of all criminal cases heard, in order of discuss legal aid, bail, and reports?

Answer 8

Magistrates’ Court

Question 9

What is the pre-trial procedure for summary offences?

Answer 9

*Defendant will be asked whether they plead guilty or not guilty.
*If they plead guilty, the magistrates will sentence.
*If they plead not guilty, a trial will take place and sentence passed if verdict is guilty.

Question 10

Pre-Trial Procedure for summary offences, fill in the blank:
*Defendant will be asked whether they _____ ______ __ ___ ______.
*If they plead guilty, the magistrates will sentence.
*If they plead not guilty, a trial will take place and sentence passed if verdict is guilty.

Answer 10

plead guilty or not guilty

Question 11

Pre-Trial Procedure for summary offences, fill in the blank:
*Defendant will be asked whether they _____ ______ __ ___ ______.
*If they _____ ______, the magistrates will sentence.
*If they _____ ___ ______, a trial will take place and sentence passed if verdict is guilty.

Answer 11

plead guilty or not guilty, plead guilty, plead not guilty

Question 12

What is the pre-trial procedure for triable either way offences?

Answer 12

*Plea before venue - Defendant is asked whether they plead guilty or not guilty.
Guilty:
*Magistrates will hear facts and decide if their sentencing powers are sufficient.
If sufficient - will sentence
If not sufficient - will send to the Crown court for sentencing
Not Guilty:
*Mode of trial hearing:Magistrates decide whether or not to accept jurisdiction
Accept jurisdiction - Defendant elects place of trial, either Crown or Magistrates’
Refuse jurisdiction - Send to Crown Court for trial

Question 13

What is the pre-trial procedure for indictable offences?

Answer 13

*Case is transferred to the Crown Court
- this is said in s.51 of the Crime and Disorder act

Question 14

In what section of what act does it state that indictable offences are transferred to the Crown Court ?

Answer 14

s.51 of the Crime and Disorder Act 1998

Question 15

In what section of what act does it state that indictable offences are transferred to the Crown Court ?

Answer 15

s.51 of the Crime and Disorder Act 1998

Question 16

Pre-trial procedure for triable either way offences, fill in the blanks:
*____ ______ _____ - Defendant is asked whether they plead guilty or not guilty.
Guilty:
*Magistrates will hear facts and decide if their sentencing powers are sufficient.
If sufficient - will sentence
If not sufficient - will send to the Crown court for sentencing
Not Guilty:
*Mode of trial hearing:Magistrates decide whether or not to accept jurisdiction
Accept jurisdiction - Defendant elects place of trial, either Crown or Magistrates’
Refuse jurisdiction - Send to Crown Court for trial

Answer 16

Plea before venue

Question 17

Pre-trial procedure for triable either way offences, fill in the blanks:
*Plea before venue - Defendant is asked whether they plead guilty or not guilty.
Guilty:
*Magistrates will hear facts and decide if their sentencing powers are sufficient.
If sufficient - will sentence
If not sufficient - will send to the Crown court for sentencing
Not Guilty:
*____ __ ____ hearing:Magistrates decide whether or not to accept jurisdiction
Accept jurisdiction - Defendant elects place of trial, either Crown or Magistrates’
Refuse jurisdiction - Send to Crown Court for trial

Answer 17

Mode of Trial

Question 18

Where does an appeal from the Magistrates’ go if it is against sentence or conviction?And who will hear it?

Answer 18

Crown Court, a Judge and 2 Magistrates

Question 19

Where does an appeal from the Magistrates’ go if it is appealed “by way of case stated”?

Answer 19

Divisional Court (Part of the King’s Bench Division of the High Court)

Question 20

What does an appeal “by way of case stated” mean?

Answer 20

It is argued that the Magistrates were wrong in how they applied the law

Question 21

Where will an appeal from the Divisional Court go if it is on a Point of Law of General Public Importance?

Answer 21

Supreme Court

Question 22

True or False:
Leave to appeal (permission) must be granted by either the Court of Appeal or by the trial judge, when appealing from the Crown Court

Answer 22

True

Question 23

Where will a case form the Crown Court be appealed to?

Answer 23

Court of Appeal