Criminal courts AO1 Flashcards
How many magistrates courts through England and Wales?
approx 330
In criminal cases, the Magistrates court have significant jurasdiction to deal with cases. This includes:
-Trying summary offences (over half a mil a year)
-Try less serious triable either way offences (400k per year)
-Deal with first hearing of all indictable offences
-Try cases in youth courts
What are summary trials?
These trials deal with least serious type of offences:
-if the D pleads guilty the magistrates will consider all the facts of the case and decide a sentence.
-If the D pleads not guilty then the magistrates will hold a trial, then decide if the D is guilty or not guilty
What are triable either way offences?
-If D pleads guilty at plea before venue, the Magistrates carry out mode of trial proceedings.
-If D pleads guilty to triable either way offence the magistrates sentence if they have the power
For indictable offences, the case is transferred to the crown court immediately from the first hearing at the magistrates court. This is under which act?
S1 of the Crime and Disorder Act 1998
For triable-either way offences, magistrates will hold what?
A plea before venue, and if D pleads not guity a mode of trial hearing.
Magistrates can commit a defendent charged with a triable-either way offence for sentencing at the Crown Court. However, this will only happen when…
At the end of the case, having heard the D’s past record, they feel that their sentencing powers are insufficient.
What are the stages in Magistrate trial process if the D pleas guilty?
-Prosecution outline case against D
-D asked if he agrees (if no, newton hearing, if yes then…)
-Past record ⬇️
-Finances ⬇️
-Reports ⬇️
-Mitigation ⬇️
-Sentence ☑️
What are the stages in Magistrate trial process if the D pleas not guilty?
-Prosecution evidence witnesses questioned by prosecutor then cross-examined by defence
-Same as above but by prosecutor
-Decision by magistrates
-If not guilty then free to go
-If guilty then:
-Past record ⬇️
-Finances ⬇️
-Reports ⬇️
-Mitigation ⬇️
-Sentence ☑️
Until… very serious criminal cases were dealt with by High Court Judges when they toured the country holding Assize Courts.
1971
Which act abolished both Assizes and quarter sessions and established the crown court to deal with all cirminal cases not tried by Magistrates courts?
Courts Act 1971
What are some qualities of Crown Court in criminal cases?
-Hear 80k cases a year
-Hear triable either way and all indictable offences
-Conviction and sentence appeals from cases
What is Crown Court plea and case management hearing?
Most cases sent to crown court first dealt with at a PCMH. It’s done to find out whether the D is pleading guilt or not. All charges on indictment read out to the D in the open court and he’s asked how he pleads to each charge, this process is ARRAIGNMENT
What is crown court Guilty plea?
If D pleads guilty, the judge will sentence the D immediately if possible
What is crown court not guilty plea?
Case tried by a jury, in order to prepare the case for the trial, the judge will require the prosecution and defence to identify the key issues, both of fact and law, which are involve in the case. He will then give any directions that are necessary to organise the trial.
