criminal courts + pre trial procedures

Question 1

jurisdiction of magistrates

Answer 1

• try all summary cases
• try any triable either way cases but can be sent to crown for sentencing
• deal with first hearing off indictable cases then immediately sent to crown
• deal with preliminary matters connected to criminal cases (warrants, bail applications, etc)
• try cases in youth court where defendants are aged 10-17 inclusive

Question 2

jurisdiction of crown court

Answer 2

• triable either way offences where the defendant has elected to be tried in the crown court or where magistrates have decided the case is too serious for them
• all indictable cases
• appeals from magistrates

Question 3

prosecution

Answer 3

crown prosecution (CPS) advises police on what offences to charge
- lawyers work for cps and direct police on what evidence is needed
- lawyers present case and try to prove d guilty beyond reasonable doubt

Question 4

summary offences

Answer 4

the least serious offences and are tried in the magistrates court
e.g. driving while disqualified, common assault, drunk in public, theft of value less than £200

Question 5

triable either way
magistrates court act 1980

Answer 5

can be tried in either magistrates or crown court
PLEA BEFORE VENUE: d is asked wether guilty or not
MODE OF TRIAL: device wether case is heard in magistrates or crown
DEFENDANTS ELECTION: if magistrates accept the case is suitable for them then d gets to choose where his case is heard
HOWEVER: magistrates can send the case to crown for sentencing
e.g. assault causing harm, bigamy, sexual activity with an under 16, theft of property over £200.

Question 6

indictable

Answer 6

most serious and can only be tried in crown court
- first preliminary hearing takes place in magistrates
- if d pleads not guilty -> jury decides if guilty or not after hearing evidence
- if d pleads guilty -> judge will impose a sentence
e.g. murder, robbery, manslaughter