Criminal courts

Question 1

What are the three categories of criminal offences?

Answer 1

Summary, Triable Either Way, Indictable

Question 2

Give an example of a crime in the Summary category.

Answer 2

Minor theft

Question 3

Where are Indictable offences tried?

Answer 3

Crown Court

Question 4

Where do all cases have their first hearing?

Answer 4

Magistrates’ Court

Question 5

What are the three administrative issues dealt with at the first hearing?

Answer 5

• Plea
• Legal Aid
• Bail

Question 6

What is the full name of the first hearing?

Answer 6

Early Administrative Hearing

Question 7

What happens next if Bob pleads guilty to murder?

Answer 7

Magistrates transfer the case to the Crown Court for sentencing.

Question 8

What happens next if Jenny pleads not guilty to common assault?

Answer 8

Magistrates fix a date for trial in the Magistrates’ Court.

Question 9

What happens next if Wayne pleads not guilty to ABH?

Answer 9

Magistrates conduct a ‘mode of trial’ hearing to decide if they have jurisdiction.

Question 10

Which Act of Parliament specifies three factors that Magistrates must consider when deciding whether to accept jurisdiction?

Answer 10

Magistrates’ Court Act 1980 (section 19)

Question 11

What are the three factors specified in the Magistrates’ Court Act 1980?

Answer 11

• Nature & seriousness of the offence
• Own powers of punishment
• D and P representations (opinions)

Question 12

Name three other factors relevant to the decision of Magistrates.

Answer 12

• Breach of trust
• Double punishment powers
• Organised gang

Question 13

What are two advantages of trial by Magistrates in the Magistrates’ Court?

Answer 13

• Quicker trial
• Shorter waiting time

Question 14

What are two advantages of trial by jury in the Crown Court?

Answer 14

• Higher acquittal rates
• Quality of legal representation

Question 15

If a defendant pleads guilty, what happens next?

Answer 15

The judge can skip straight to sentencing.

Question 16

What is the first step in the Crown Court when the defendant pleads ‘NOT GUILTY’?

Answer 16

The jury is sworn in.

Question 17

What is a ‘case stated appeal’?

Answer 17

The appeal is based on the fact that the judge/magistrates got the law wrong.

Question 18

What does it mean to ‘quash’ a conviction?

Answer 18

Make the defendant not guilty (scrap the conviction).

Question 19

What is required to get ‘leave to appeal’?

Answer 19

Permission to appeal needed from the appellate court.

Question 20

True or False: A defendant can only appeal to the Supreme Court against a conviction that has been upheld by the Court of Appeal if it involves a point of law of general public importance.

Answer 20

True

Question 21

True or False: Witnesses are required to attend a case stated appeal.

Answer 21

False

Question 22

What happens on appeal from the Crown Court to the Court of Appeal?

Answer 22

The Court of Appeal can increase the sentence.

Question 23

Define ‘appeal’.

Answer 23

A campaign to get a decision changed.

Question 24

What are three things that affect the appeal options?

Answer 24

• Who
• What
• Where

Question 25

What is a point of general public importance?

Answer 25

An issue that involves an interpretation issue or a judicial precedent issue that only the appellate court can deal with.

Question 26

What does it mean to ‘affirm’ a decision?

Answer 26

Confirm the earlier decision.

Question 27

What is the role of the judge in the Crown Court after the jury has heard the case?

Answer 27

Judge sums up the case to the jury.