Criminal Courts And Lay People Flashcards
What offences are tried in the magistrates court?
- Summary offences
- Either way offences
What offences are tried in the Crown Court?
- Indictable offences
- Either way offences
Who sets bail?
The Magistrates
What are indictable offences?
- s18 Offences Against the Person Act
- Murder
- Rape
What are Either Way offences?
- s47 OAPA - ABH
- s20 OAPA - GBH
They can start in either court for eg. Theft
What is a Summary offence?
- Assault
- Battery
Least serious offences
What is an appeal?
Where the defendant challenges a conviction and the case is retried
When will an appeal go from the Crown Court to the Court of Appeal?
- When the conviction is considered as ‘unsafe’
- Misdirection of the law or facts
- Failure to refer a defence
- Inappropriate comments by the judge
- Jury irregularities
What are Magistrates also known as?
Justices of the peace (JOP’s)
How many Magistrates are in England and Wales?
Just under 29,000
What is the gender split of Magistrates?
50/50. Roughly equal
Are Magistrates full-time or part-time
All Magistrates are Part-Time
How many days must Magistrates sit for?
26 half days a year
What are the 6 personal qualities a Magistrate must possess?
- To be of good character
- To have understanding and communication
- To have social awareness
- To be mature and of sound temperament
- Being of good judgement
- Having commitment and reliability
How many magistrates sit to a bench?
3: - a chairman and two wingmen
