Criminal Courts + Lay people

Question 1

Explain the process of deciding in which court a criminal trial will be heard. Include all categories of offences. (8)

Answer 1

Summary offences - Least serious offences e.g assault, battery, can only be tried in the magistrates court, if plead guilty sentence will be passed if not pg, a trial will take place and sentence passed if found guilty.
TEW offences - mdium seriousness offences e.g. theft, can be tried in the magistrates court

Question 2

Describe how it is decided where the trial of a triable either way offence should be held (8)

Question 3

Describe the different appeal routes available to the defence from the Crown Court (8)

Question 5

Describe the different appeal routes available to the defence from the Magistrates Court (8)

Question 13

Describe the qualifications and selection of juries

Answer 13

Qualifications:
1)must be 18-75 years old,
2)ordinary resident of uk / channel islands for 5 years,
3)registered on the electoral register

Disqualifications (for life) - someone who 1) has been given a custodial sentence for over 5 years,
2) given a life sentence and
3) who has been given detention during her majesty’s pleasure

Disqualifications (for 10 years) - someone who
1) had a custodial sentence passed of less than 5 years,
2) been given a community order,
3) received a suspended sentence

Anyone on bail will not be able to be a juror whilst their time on bail

Reasons to be excused: disabilities, can’t speak english, member of armed forces and commanding officer says they are needed