Criminal Courts

Question 0

How many magistrates courts are there?

Answer 0

330

Question 1

What are the two criminal courts?

Answer 1

Magistrates court

Crown court

Question 2

What is the jurisdiction of magistrates courts?

Answer 2

1. Try all summary cases
2. Try triable either way offences
3. First hearings of indictable offences
4. Issuing warrants for arrest and deciding bail applications
5. Motoring offences (60,000 a year)
6. Try cases in youth court (aged 10-17)

Question 3

What is the magistrates civil jurisdiction?

Answer 3

• enforcing council tax demands and issuing warrants
• family cases (protection against violence)
• proceedings concerning welfare of children under children’s act 1989
• hearing appeals against refusal of a license to sell alcohol

Question 4

What are the three types of offences?

Answer 4

1. Summary offences
2. Triable either way
3. Indictable offences

Question 5

What is the sequence to a guilty plea for a summary offence?

Answer 5

• CPS gives court a résumé of facts of case
• defendant is asked if they agree to the facts
• past records and other information given to court
• make a speech in mitigation
• magistrates decide sentence

Question 6

What is the sequence to a not guilty plea in a summary offence?

Answer 6

• trial with prosecution and defence evidence
• magistrates decide if guilty or not
• if not guilty- released
• if guilty - past records, extra information, mitigation speech then sentence is decided

Question 7

What happens In a triable either way offence?

Answer 7

Pleads guilty- case tried in magistrates

Pleads not guilty - plea before venue then a mode of trial

Question 8

What is a plea before venue?

Answer 8

Defendant is asked whether they plead guilty or not guilty
If guilty- go to magistrates court
If not guilty- mode of trial

Question 9

What is mode of trial?

Answer 9

• defendant chides which court to be tried in

- magistrates can either accept or refuse jurisdiction

Question 10

What is the role of the clerk?

Answer 10

To guide magistrates on questions of law, practice and procedure. To make sure the right procedure is followed in court

Question 11

How many crown courts are there?

Answer 11

77

Question 12

What are the three tiers of the crown court?

Answer 12

First tier - deals with all categories of crime
Second tier - all categories of crime
Third tier - most serious cases (murder etc.) are not tried here

Question 13

What is the role of youth courts?

Answer 13

• ages 10-17
• children under 10 can’t be charged
• aged 14+ can be sent to crown if charged with a serious offence (murder)
• sits in private
• magistrates under 65 and need special training. One female and male

Question 14

What happens if a defendant pleads guilty in the crown court?

Answer 14

The are sentenced immediately

Question 15

What happens if a defendant pleads not guilty in crown court?

Answer 15

The case is tried by a jury

Question 16

What happens in the trial in crown court?

Answer 16

1. Jury sworn in to try the case. 2. Prosecution makes opening speech saying what they intend to prove. 3. Prosecution witnesses give evidence. 4. Defence can say there’s no case or make opening speech. 5. Defence witnesses give evidence. 6. Prosecutor makes closing speech. 7. Defence makes closing speech. 8. Judge suns up case to jury. 9. Members jury consider their verdict. 10. Hurts verdict given in open court.