Criminal Courts Flashcards
What is a summary offence
Least serious offences tried in mags.
What makes an offence a summary
Crim damage under £5k, driving without insurance, common assault, shoplifting if foods under £200
What’s a triable either way offence
Middle range of crimes, can be tried in mags or crown. Defendant asked if plea is guilty or not. Guilty then stay in mags but not guilty then can choose to go to crown for jury. Mag can also decide case is out of their jurisdiction and go to crown
What’s an indictable offence
Tried at crown, preliminary at mags but passed to crown
What offences are classed as triable either way
Theft
Assault causing actual bodily harm s47
S20 GBH
What offences come under indictable
Murder Manslaughter Rape Robbery S18 GBH
How many mags courts are there
280, local courts so in nearly every town. Deal with cases in geographical area under their jurisdiction
Who make up magistrates
Legally qualified district judges, unqualified lay justices. Legally qualified clerk to assist
What are mags sentencing powers limited to
Max sentence 6 months for any one crime, fines with top end having no limits but some having limits and being less. Community orders or conditional discharge can also be a penalty
How many mags cases do they take yearly
97% of all crim (1.5 mil)
What other things do mags deal with
Preliminary hearings of any triable offence which will be heard in crown court
First preliminary of all indictable offences
All side matters related to crim like bail applications and arrest warrants
Youth court where defendants 10-17
What do you do if you want to appeal to crown court
Available to defendants, if plead guilty can only appeal on sentencing. Not guilty can appeal conviction and sentence. Both cases has automatic appeal rights. Case reheard by judge and two mags who can come to same decision as previous mag or reverse decision. Can vary decision and find guilty of lesser offence. If against sentence then they can increase or decrease sentence but can only increase up to mags max powers for case. Point of law to be decided= admin court
Why could a case go to admin court
Case appeal on point of law. Can be made direct from mags or appeal from crown. Used by defendant against conviction or prosecution against acquittal in relation to a point of law being decided. Mags/crown court are asked to set out case findings of fact and their decision, appeal then argued on law based on those facts. Cases can be sent to panel of 2 high court judges (queen bench). Case can be sent back to mags so they can implement decision on law
What can be appealed in crim courts after queens bench
Supreme Court IF:
Divisional courts decide point of law is generally public importance
Divisional or SC give permaions as is should be considered by SC
What is the appeal route in criminal courts
Mags trial: Crown court (defence only) Case stated appeal Queens bench admin court Supreme Court