Criminal Courts Flashcards

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1
Q

Summary Offences?

A

Least serious offence and always tried in the Magistrates Court.

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2
Q

Examples of Summary Offences?

A

Nearly all driving offences
Common Assault
Criminal Damages under £5000

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3
Q

Triable-Either Way Offence?

A

An offence that can be tried in a Magistrates Court or a Crown Court

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4
Q

Examples of Triable-Either Way Offences?

A

Theft
Assault causing ABH

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5
Q

Indictable Offences?

A

Includes more serious crimes.

First preliminary hearing for such an offence will be at the Magistrates Court, then the case is transferred to the Crown Court.

Must be tried with a judge and jury

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6
Q

Examples of Indictable Offences?

A

Manslaughter
Murder
Rape

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7
Q

Appeal from the Magistrates Court?

A

Supreme Court
Administration Court Kings Bench Divisional Court
(case stated appeal)
Trial at Magistrates Court

Supreme Court
Administration Court
Kings Bench Divisional Court
(case stated appeal)
Crown Court
(defence only)
Trial at Magistrates Court

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8
Q

Appeal from the Crown Court?

A

Supreme Court
Court of Appeal
Crown Court

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9
Q

When can the prosecution appeal against the acquittal by a jury?

A

Jury has been nobbled

Criminal Procedure and Investigations Act 1996 allows the prosecution to appeal, and the Court of Appeal can order a retrial

New evidence is in public interest, power is given by Criminal Justice Act 2003, known as double jeopardy as defendant is being tried twice

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