Criminal Courts ( Procedure / Jurisdiction )

Question 1

What are the three types of criminal offence - and in which court is each tried ?

Answer 1

-Summary offences ( Magistrates court )
-Triable either way offences ( either way )
-Indictable ( Crown court )

Question 2

What is the pre-trial procedure for summary offences ?

Answer 2

The aim is to complete the case at the earliest possible opportunity, using the Better Case Management Scheme (BCM). If D pleads guilty the magistrates will aim to sentence straight away however most driving offences can be dealt with quickly as D can plead guilty by post, so there is no need to attend court. If D pleads not guilty, the magistrates must use the first hearing to discover the key issues in the case, so that it can proceed quickly.

Question 3

What is the pre trial procedure for triable-either way offences ?

Answer 3

1. Plea before venue hearing
2. Mode of trial hearing
3. Defendants choice of court

Question 4

What is meant by the “plea before trial hearing” for triable either way offences ?

Answer 4

D must plead guilty / not guilty in the Magistrates Court. If D pleads guilty the case will be automatically tried by the Magistrates Court, and D cannot ask to go to the Crown. However, the magistrates have the option of sending D to the Crown Court for further sentencing if necessary.

Question 5

What is meant by the mode of trail hearings for triable either way offences ?

Answer 5

If D pleads not guilty a mode of trial procedure takes place. The magistrates must consider whether they think the trial is suitable for trial in the Magistrates Court, by looking at the nature and seriousness of the offence and their own powers of punishment.

Question 6

Why may a case be unsuitable for the magistrates court following a mode of trial hearing ?

Answer 6

-If the crime is too serious in proportion to the magistrates power of sentencing
-Cases involving complex legal matters, breach of trust, and crimes committed by organised gangs

Question 7

What is meant by the “defendants choice of court” for triable either way offences ?

Answer 7

If the Magistrates decide to accept the case once the defendant has pleaded not guilty, then D is given a choice of which court he wishes to be tried in. However, even if D chooses the Magistrates, he can still be sent to the Crown Court for sentencing. “Committal Proceedings.” is when a case is officially transferred to the Crown Court.

Question 8

What is the pre trial procedure for indictable offences ?

Answer 8

First hearing is in the magistrate’s court, and they decide on issues such as bail/remand and legal aid. The case will then be sent to the Crown Court all other pre-trial matters are dealt with by a judge in the Crown Court.

Question 9

What is the jurisdiction of a magistrates court ?

Answer 9

1. Try all summary cases
2. Try any TEW offences within their jurisdiction. (these account for 97% all criminal cases)
3. Deal with first hearing of indictable cases
   before they are passed on to the Crown Court
   (committal proceedings)
4. Issue warrants for arrest/search
5. Decide bail
6. Approve police detention from 36-96 hrs.
7. Youth Court cases for D’s aged 10-17.

Question 10

What is the jurisdiction of a crown court ?

Answer 10

1. Hear all indictable cases
2. Hear appeals from the magistrates’ court
   against conviction or sentence
3. Sentence in cases where accused found guilty
   by the magistrates but they consider they do
   not have the power to pass the appropriate
   sentence.