Criminal Courts

Question 1

The court hierarchy:

Answer 1

Supreme Court
Queens bench divisional court
Crown court
Magistrates court

Question 2

Jurisdiction:

Answer 2

Mc: all summary offences and triable-either way offences (prepared to accept)
Cc: triable-either way offences (elected to be tried in cc). Indictable offences and appeals from mc.

Question 3

Classification of summary offences:

Answer 3

Least serious
E.g. Driving offences etc
Less than £5,000 damages
Goods less than £200

Question 4

Classification of triable-either way offences:

Answer 4

Mc + cc
E.g. Assault causing bodily harm
Depends on they plead guilty or not guilty on whether it stays in the mc or goes to the cc

Question 5

Classification of indictable offences:

Answer 5

Most serious crimes
E.g. Murder, manslaughter, rape
Preliminary hearing at the mc then its transferred to the cc
Must be tried by the judge and jury

Question 6

Pre-trial procedures:

Answer 6

Anything that happens before you go to court

E.g. Filing the case, paying appropriate fees, building of the case

Question 7

Advantages of the trail in the mc:

Answer 7

Local knowledge
Lack of bias
Cost/time
Improved training
Few appeals

Question 8

Disadvantages of trial in the mc:

Answer 8

Prosecution bias
Reliance on clerk
Inconsistency in sentencing
Not legally qualified

Question 9

Advantages of trial in the cc:

Answer 9

Unlimited sentence

State funding more likely

Question 10

Disadvantages of trial in the cc:

Answer 10

Very expensive for the taxpayer

Slower to come to trial

Question 11

Appeal routes from the mc:

Answer 11

Defendant can appeal against conviction and/or sentence in a criminal case
Prosecution rights are more limited

Question 12

Appeal routes from the cc:

Answer 12

Only available to defence if defendant pleaded guilty at the mc
Can only appeal against sentence