Criminal Courts 5/13 Flashcards
1
Q
Examples of Summary Offences
A
- Driving Offences
- Common assault
Criminal Damage less £5k
2
Q
Examples of TEW offences
A
- Theft
- Assault causing bodily harm
- Obtaining property by deception
3
Q
Examples of Indictable offences
A
- Murder
- Rape
- Manslaughter
4
Q
Pre-Trial Procedure for Summary Offences
A
- Aim to complete at earliest opportunity using Better Case Management scheme
- If D pleads guilty, mags aim to sentence straight away
- If D pleads not guilty, mags use first hearing to find key issues so can proceed quickly
5
Q
Pre-Trial Procedure TEW Offences
A
- Plea before venue hearing
- D makes plea in Mags
- If plea guilty case automatically tried in mags
- D can ask to go Crown or mags can send them there for higher sentencing
- Mode of Trial Proceedings
- If D pleads not guilty, mode of trial proceedings happens
- Mags look at nature + seriousness of offence and decide Mags or Crown
- Defendant’s Choice of Court
- If mags accept the case and D pleads not guilty, get given choice of court
- If choose mags, can still be sent Crown for higher sentence
- Transferring case to crown = “Committal proceedings”
6
Q
Pre-Trial Procedure Indictable Offences
A
- First hearing in mags to decide prelim matters (bail + remand)
- All other pre-trial matters dealt by judge in crown
7
Q
Jurisdiction of Magistrates Court
A
(3 Magistrates or 1 District Judge)
- Try all summary cases
- Any TEW cases within jurisdiction
- Deal with first hearing for indictable cases
- Issue arrest/search warrants
- Approve police detention period extension
- Hold youth court cases (D’s age 10-17)
8
Q
Jurisdiction of Crown Court
A
(Jury decide verdict and judge passes sentence)
- Hear all indictable cases
- Hear appeals from mags against conviction/sentence (a judge/2 mags)
- Sentence in cases when D found guilty at mags but need higher sentencing powers
