criminal courts Flashcards
What are the three categories?
summary
TEW
indictable
What is the least serious offence to the most?
summary –> TEW –> indictable
Where are summary cases tried?
Magistrates court
Where are TEW cases tried?
depends on case’s severity
Where are indictable cases tried?
Crown court
Example of summary offences
.assault and battery
.drunk and dissorderly
.affray
example of TEW offences
s. 47 GBH
s. 20 GBH
Example of indictable offences
.murder
.manslaughter
.rape
What happens at the start of a TEW offence
plea before venue
What happens at a plea before venue?
D pleads guilty or not guilty
What happens if D pleads guilty at plea before venue?
They have no choice where the case is heard. Magistrates hear the case and decide whether their sentencing powers are sufficient
What happens if D pleads not guilty at plea before venue?
magistrates decide whether to accept jurisdiction
What happens if Magistrates decide their sentencing powers aren’t enough?
The case is sent to the crown court
What happens if Magistrates decide their sentencing powers are enough?
They deal with it
What happens if Magistrates accept jurisdiction at mode of trial?
defendant chooses place of trial and trial is held there
