Criminal courts Flashcards
When are criminal courts used?
When a crime against the state has been committed. Dealt with by the CPS.
What are the two courts?
1- Magistrates court
2- Crown court
What are the four available sentences?
1- Discharge
2- Custodial
3- Community sentence
4- Fine
Whats the role of magistrates court?
- Try all summary case
- Some triable-either way offences
- All preliminary cases
- Bail applications
- Youth court cases
Whats the role of crown court?
- Most triable-either way offences
- All indictable offences
- Appeals from magistrates
How are cases dealt with in crown court?
If the defendant pleads not guilty, judge explains all the facts and points of law to the jury.
Jury makes the verdict based on the facts. The judge then makes the sentence based on this.
If they plead guilty judge just decides the sentence.
What are the classification of offences?
1- Summary offences, are the least serious ‘petty’ crimes.
e.g. assault.
2- Triable-either way offences, can be tried at either magistrates or crown.
e.g. ABH.
3- Indictable offences, are the most serious crimes.
e.g. murder.
Where are all preliminary hearings held?
All cases are first dealt with at magistrates court.
How are triable-either way offences dealt with?
1- Plea before venue, claim either guilty or not guilty. if guilty magistrates will sentence.
2- Mode of trial, when plead not guilty they carry out a mode of trial to see where it will be held.
3- defendants election, they have the right to chose the court.
4- Trial by jury, less than 1/20 people go to crown court.
What are the advantages of trial by jury?
- Lower conviction rates (60% acquitted)
- Can serve part of sentence in remand prison
- Better advocacy
Disadvantages of trial by jury?
- Risk of higher sentence
- Longer trial
- Longer wait to trial
How are indictable offences dealt with?
- Pre-trial at magistrates but then immediately sent to crown.
- If plead guilty judge decides sentence.
- If plead not guilty they go on trial by jury.
