Criminal Courts - Procedure Flashcards
Criminal Courts of First Instance
Crown
Magistrates
Categories of Offence
Summary - Magistrates
Triable Either Way - Either Court
Indictable - Crown
Summary Offences
least serious offences
magistrates court deals with cases
Magistrates decide verdict + sentence
Triable either way
mid seriousness
Magistrates - Mags decide verdict and sentence
Crown - Jury decide verdict and judge decides sentence
Indictable
very serious
Crown court
Jury decides verdict and judge decides sentence
Summary - Procedure
D receives summons/charged with summary offence
D appears before Mags court for preliminary hearing
D pleads guilty/not guilty
guilty = sentence from Mags
- max sentence: 6 months
If Mags decide their sentencing powers aren’t enough, they will refer the case to the Crown Court
not guilty = Mags set a date for trial
Mags can grant bail (or remand) + any conditions to place on it e.g. surrender passport/curfew
D found guilty = Mags will convict/sentence D
If Mags’ powers aren’t enough, they can refer to Crown Court
Triable Either Way - Procedure
Plea before venue hearing in Mags Court - D pleads guilty or not guilty
guilty plea = same as summary
not guilty plea - mode of trial hearing
1) Mags decide if it’s possible to hear the case in the Mags’ court/whether it must go to the crown
2) can the Mags hear the case? YES = D can decide where they would like their case to be heard (defendant’s election)
- Trial at Mags - same as summary for not guilty plea
- Trial at Crown - Mags refer the case to the Crown for a case management hearing (bail decided + date set for trial). At trial, jury listen to evidence + decide verdict. If D is found guilty, D is sentenced by the judge
Mode of Trial Hearing (Triable Either Way offences): Factors considered by Magistrates
- nature + seriousness of the case, their own powers of punishment and any representations of the prosecution and defence
- complexity
- breach of trust by D?
- whether the crime committed was organised crime?
Mode of Trial Hearing (Triable Either Way offences): Factors considered by D (+’s of Mags)
Cheaper
- D wouldn’t have to pay for their own lawyers, + prosecution costs will be a lot less
- Mags are unpaid
- More expensive legal representation in CC
Quicker
- shorter wait than CC
- if D isn’t given bail, then waiting time would be in prison
- Cases usually take half a day or less (days or even weeks in the CC)
Limits on Sentencing
- Less sentencing can be given by Mags
- Up to 6 months prison sentence at Mags
- sentence can be much larger at CC
Local Knowledge
- Mags must be local + have social awareness - they should understand D’s circumstances better than a judge e.g. if there is a drug problem in the local area
Mode of Trial Hearing (Triable Either Way offences): Factors considered by D (+’s of CC)
More likely to be acquitted
- CC acquit over 60% of Ds vs 15% in Mags
- better lawyers
- jury equity - 35%
- Prosecution may drop case/witnesses may not attend court
More likely to be granted legal aid
- state will pay for legal representation
- ‘the means test’ is less restrictive in the CC
- government more likely to fund cases
More likely to be represented by an experienced lawyer
- lawyer must have a Certificate of Advocacy in order to present cases at the CC
- likely to mean the lawyer is more experienced in CC
D on remand in custody + likely to receive custodial sentence? D’s advantage to serve as much of any custodial sentence on remand
- CC trials take longer than Mags
- spending more time in remand is better than prison - remand is “nicer” and counts as “time served”
- (would’ve been better to plead guilty if considering this)
Indictable (IO) - Procedure
D is charged with IO
D appears before Mags + enters plea
Mags deal with preliminary issues such as legal aid/bail
Case referred to CC for a case management hearing, where date is set for trial
Trial takes place before judge and jury
Judge advises on law and jury decide verdict
Jury find D guilty? Judge will sentence D
likely sentence = custodial sentence
How to answer ‘jurisdiction of the Mags’ court’
exactly the same as ‘the role/work of magistrates’ question
How to answer ‘the jurisdiction of the Crown Court’
- CC handles 3% or criminal cases in UK (majority handled by Mags)
- CC only hear indictable/triable either way offences where if Mags decide they can’t handle it themselves, or D has elected to have a trial at the CC
- D pleads guilty? judge decides sentence (can be anything up to the maximum sentence for that crime)
- D pleads not guilty? judge will handle pre-trial procedure during a ‘case management hearing’ + set a date for trial; D will then have a trial in front of 12 members of the jury who take legal advice from the judge but make a decision based on evidence
- judges in CC will also hear appeals against conviction + sentence from the Mags’ court, alongside 2 Mags
