Criminal Courts - Structure and Power

Question 1

What are the main courts that deal with criminal cases?

Answer 1

Magistrates’ Court
Crown Court
Court of Appeal (criminal division)

Question 2

What are the classifications of offences?

Answer 2

Summary offence
Triable either way offence
Indictable offence

Question 3

What is a summary offence?

Answer 3

It is a ‘petty’ crime such as assault and most traffic offences. They are all heard in a Magistrates’ court where a panel Magistrates will either immediately sentence the defendant or adjourn the hearing so that a pre-sentence report can be made. The Magistrates can provide a maximum sentence of six months for each offence (12 months if there are two). They can also give community based sentences, fines, and conditional or absolute discharges

Question 4

What is a triable either way offence?

Answer 4

It is a crime that depends on circumstance including assault occasioning ABH and theft. It can be tried at a Magistrates’ court or a Crown court. If the defendant enters a plea of guilty, the Magistrates will convict unless they feel the defendant deserves a more severe sentence at which point they will hand the case up to the Crown court

Question 5

What is an indictable offence?

Answer 5

a

Question 6

What is the Magistrates’ Court?

Answer 6

a

Question 7

What is the Crown Court?

Answer 7

a