Criminal Courts (P1) Flashcards
What is a summary offence?
An offence that can only be tried in magistrates’ court. It includes nearly all driving offences, common assault, criminal damage which has caused less than £5000 damage, shoplifting values or goods under £200
What are triable either-way offences?
An offence which can be tried either in magistrates or crown court. It includes theft, ABH. If the D pleads guilty it is in magistrates, D pleads not guilty it is in crown court.
What is an indictable offence?
An offence that has to be tried in the crown court. Includes rape, murder or manslaughter. Preliminary hearing is in the magistrates court then sent to the crown court to be tried by a judge.
Magistrates Court
Cases heard by magistrates’, who are either qualified district judges or unqualified lay justices. Legally qualified clerk. Try all summary cases and some triable either-way cases, preliminary hearings, issue warrants
Crown Court
Triable either-way offences, indictable offences, appeals from magistrates court
Judge and Jury
What are magistrates?
-Unpaid, part time judges who have no legal qualifications and hear cases in the Magistrates Court
-Aged between 18 & 65
-Deal with all summary cases and some triable either-way when the D chooses Magistrates Court
-Preliminary work in criminal cases, hearings, bail applications
-Can imprison an offender up to 6 months for one offence or 12 months for two offences
-They can give fines out, a conditional or absolute discharge and disqualify from driving
-Can appear in youth court, family court or appeals
Appeals from the Magistrates Court
The two appeal routes are to the Crown Court or to the Administrative Court in the Queen’s Bench Divisions
Appeals to the Crown Court
This is the normal route of appeal from the Magistrates’ Court. It is only available to the defence if the D pleaded guilty at the Magistrates’ Court, then he can appeal against his sentence. If the D pleaded not guilty and was convicted they can appeal against conviction and sentence. D does not need approval to appeal. The case is completely reheard by a judge and two magistrates. They can come to the same decision as the magistrates and confirm the conviction.
