Criminal Courts and Procedure

Question 1

Jurisdiction of Magistrates Court

Answer 1

• Trials of all summary offences and triable either way offences (97% of all trials)
• Mode of trial proceedings for either way cases
• Sending for trial hearings in indictable cases (too serious, send to crown)
• Issuing arrest and search warrants
• Deciding bail

Question 2

Summary Trials (Magistrates)

Answer 2

• Deliver justice to people with less serious (summary) offences and also either way offences
• Act as court of trial and determine guilt or innocence
• Max 6 months sentence

Question 3

What is allocation? (Magistrates)

Answer 3

They have some dealings with more serious offenders because it is their job to conduct transfer proceedings for cases going up to the crown court

Question 4

Youth Court (Magistrates)

Answer 4

• Aged 10-17
• Branch of Magistrates court
• Some exceptional cases where young offenders can be tried in Crown Court e.g. murder, manslaughter, rape, or where a young offended is jointly charged with an adult

Question 5

How many Magistrates Courts are there in England and Wales?

Answer 5

Around 330

Question 6

Who are the 330 Magistrates Courts staffed by?

Answer 6

• 23,000 lay magistrates
• 140 district judges

Question 7

Jurisdiction of the Crown Court

Answer 7

• Tries indictable offences
• Some either way offences
• Sentencing from the Magistrates Court (Magistrates sentencing power is limited)
• Appeals from the Magistrates Court against conviction or sentence

Question 8

Who are indictable offences and either way offences tried by? (Crown)

Answer 8

A single judge and jury

Question 9

Passing Sentence (Crown)

Answer 9

The judge can give longer sentences and larger fines than the Magistrates Court

Question 10

What is an acquittal?

Answer 10

• When there is not sufficient evidence and the Judge instructs the jury to find the defendant not guilty
• If the jury is unsure, the defendant is found not guilty

Question 11

Bail

Answer 11

Bail should be given to everyone unless they are a flight risk, have previously failed to comply with bail conditions or are likely to commit further offences

Question 12

Conditions of Bail

Answer 12

• Surrendering passport
• Reporting to the police station weekly
• Curfew
• Electronic tag

Question 13

Pre-trial Procedure for Summary Offences

Answer 13

• Defendant asked if they plead guilty or not guilty
• Guilty: magistrates will sentence
• Not guilty: a trial will take place and a sentence is passed if the verdict is guilty

Question 14

Pre-trial Procedure for Indictable Offences

Answer 14

• Case is transferred to the Crown Court
• s.51 Crime and Disorder Act 1998

Question 15

Pre-trial Procedure for Either Way Offences

Answer 15

• Please before venue
• Guilty: case automatically heard in Magistrates, sentence defendant but retain option of sending D to Crown for sentencing
• Not guilty: mode of trial hearing (most appropriate court), Magistrates consider jurisdiction and sentencing powers, lacking then they send to Crown court, if they accept jurisdiction D is given the choice, Magistrates retain right to send case to Crown for sentencing upon completion of trial and a guilty verdict being passed

Question 16

Advantages of choosing Magistrates Court

Answer 16

• Trial is quicker
• Less daunting
• No press coverage

Question 17

Advantages of choosing Crown Court

Answer 17

• More likely to get an acquittal
• As there is a jury who needs to be explained to, the trial may be easier to follow
• More time to prepare
• More expertise
• More likely to be legally funded

Question 18

When was the Crime and Disorder Act?

Answer 18

1998