Criminal Courts

Question 1

What is the burden of proof in criminal courts?

Answer 1

• Beyond all reasonable doubt
• Suspects are innocent until proven guilty and everyone has the right to a fair trial

Question 2

What are the three types of criminal offences?

Answer 2

1. Summary Only
2. Triable Either Way
3. Indictable

Question 3

What is a summary only offence and where are they heard?

Answer 3

• Heard in magistrates court
• Deals with whether the defendant should be bailed or remain in custody, the pre-sentence reports of pleading not guilty and what legal funding is in place

Question 4

What is a triable either way offence and where are they heard?

Answer 4

• Magisrates or crown court. It is upto the defendant to choose
• The defendant can choose whether to have a trial by magistrates or jury, there can be benefits by having a jury however in a crown court, the sentence can be longer

Question 5

What is a indictable offence and where are they heard?

Answer 5

• Heard at crown court for more severe crimes
• The sentencing will be out crown court if they plead guilty, if they plead not guilty they will have a jury trial

Question 6

What is a magistrates court?

Answer 6

• Magistrates deal with issues from the local area
• They can only give up to 6 months for one offence and 12 months for two offences. It can also include fines and community orders
• They have all summary inly cases and may accept triable either way cases
• There is 3 magistrates who have no legal training, a district judge who is legally qualified and a legal advisor

Question 7

What is a crown court?

Answer 7

• They have judges who provide the sentencing and points of law
• They have 12 jury members to decide the verdict
• They have triable either way cases, all indictable offences and appeals from magistrates court

Question 8

What is the process of a trial?

Answer 8

1. Begins with the prosecution’s case who delivers the speech and calls witnesses
2. The prosecution presents all the evidence to decide whether there is a case
3. It is then the defence’s case where they call witnesses
4. They do their closing speeches to either magistrates or juries

Question 9

What are youth offenders?

Answer 9

• Summary trials in youth court by specially trained magistrates
• This is for people between 10-17
• They are less formal
• If it carries a sentence for 14 years or more, it will be heard in the crown court and charged as an adult

Question 10

Where do appeals from magistrates go?

Answer 10

• They appeal to a crown court for reasons such as conviction or sentencing where the crown court can review this and decide whether to change the decision

Question 11

Where do appeals from crown court go?

Answer 11

• They can appeal to the court of appeal for issues such as the sentence or conviction
• The prosecution can appeal if there is problems within the jury such as nobbling or new evidence, against the sentence or if the judge wrongly explains a point of law
• Cases can be appealed to the supreme court if it involves a point of law of public importance