Criminal Courts* Flashcards
In which Courts are Summary Offences tried in?
Summary offences are the lowest severity offences,hey are only tried in the Magistrate’s Court.
Give examples of some Summary offences.
Examples of Summary Offences are: assault and affray (fighting in public that disturbs peace).
In which Courts are ‘Triable Either Way’ offences tried?
‘Triable Either Way offences are tried int he Magstrates’ Court and the Crown court; depending on severity.
Give examples of Triable either way offences.
Examples of triable Either way offences include: Actual bodily Harm (ABH) and theft.
In which Courts are ‘Indictable Offences’ tried?
Indictable offences are tried in the Crown Court only, as they are the most serious offences.
Give examples of ‘Indictable offences’.
Examples of Indictable Offences include: Murder, rape and Grievious Bodily Harm (GBH).
What is the sentencing jurisdiction of the Magistrates’ Court?
Jurisdiction of the Magistrates’ Court inculdes:
- 6 Months Custodial sentence (1 offences)
- 12 Months Custodial sentence (2 offences)
- Unlimited Fines
- 300 hours max. community orders
What is the sentencing jurisdiction of the Crown Court?
Sentencing jurisdiction of the Crown Court includes:
- Judge has unlimited sentencing powers, although the severity of the offence and logistics of the sentence must be considered
- Jury of 12 people is used if the defendant pleads not guilty. (Clause 38 Magna Carta 1215 - “Trial by your peers”).