Criminal Justice Process Review Flashcards
Which court hears all criminal cases in England and Wales at first instance?
A) Crown Court
B) Magistrates’ Court
C) Court of Appeal
D) Supreme Court
B) Magistrates’ Court
🔎 Explanation:
All criminal cases, regardless of severity, start in the Magistrates’ Court. Summary-only offences stay in this court, while either-way offences may be allocated to the Crown Court. Indictable-only offences are sent directly to the Crown Court.
What is the maximum sentence that a Magistrates’ Court can impose for a single either-way offence?
A) 6 months’ imprisonment
B) 12 months’ imprisonment
C) 5 years’ imprisonment
D) Life imprisonment
A) 6 months’ imprisonment
🔎 Explanation:
For one either-way offence, the maximum sentence in the Magistrates’ Court is 6 months. If dealing with two or more either-way offences, the maximum is 12 months. More serious sentences must be handled in the Crown Court.
In an either-way offence, what is the process of deciding whether the case is heard in the Magistrates’ or Crown Court?
A) Committal Hearing
B) Indictment Hearing
C) Plea Before Venue and Allocation
D) Sentencing Hearing
C) Plea Before Venue and Allocation
🔎 Explanation:
For either-way offences, the defendant first enters a plea in a Plea Before Venue hearing. If they plead guilty, magistrates decide whether they can sentence or if the case should go to the Crown Court. If they plead not guilty, an allocation hearing determines the appropriate court.
Who decides the verdict in a trial at the Crown Court?
A) The judge
B) A panel of magistrates
C) The jury
D) The prosecution
C) The jury
🔎 Explanation:
In the Crown Court, the jury decides guilt or innocence, while the judge oversees legal matters and sentencing.
Which court hears appeals from the Magistrates’ Court against conviction or sentence?
A) Supreme Court
B) Crown Court
C) High Court (Queen’s Bench Division)
D) Court of Appeal
B) Crown Court
🔎 Explanation:
Appeals against conviction or sentence from the Magistrates’ Court are heard by the Crown Court, where a judge and two lay magistrates reconsider the case.
Sarah is charged with theft (an either-way offence). She pleads guilty in the Magistrates’ Court. What happens next?
A) She is sentenced by the magistrates unless they decide their sentencing powers are insufficient.
B) She is automatically sent to the Crown Court for trial.
C) She must go through a Plea Before Venue hearing.
D) She is given the choice to be tried in either the Magistrates’ or Crown Court.
A) She is sentenced by the magistrates unless they decide their sentencing powers are insufficient.
🔎 Explanation:
If Sarah pleads guilty in an either-way offence, the magistrates can sentence her immediately. However, if they believe their sentencing powers are insufficient, they can commit her to the Crown Court for sentencing.
James, 19, is charged with robbery (an indictable-only offence). Where will his trial take place?
A) Magistrates’ Court
B) Crown Court
C) Youth Court
D) High Court
B) Crown Court
🔎 Explanation:
Robbery is an indictable-only offence, meaning it must be tried in the Crown Court. The Magistrates’ Court only conducts an initial hearing before sending the case to the Crown Court.
A 16-year-old defendant is charged with burglary (an either-way offence). Where will the trial be held?
A) Crown Court
B) Youth Court
C) Magistrates’ Court
D) Court of Appeal
B) Youth Court
🔎 Explanation:
Since the defendant is under 18, their trial will be held in the Youth Court, unless they are jointly charged with an adult or charged with a grave crime, in which case they could be sent to the Crown Court.
Alex is charged with aggravated burglary (an indictable-only offence). What happens at his first court hearing?
A) The Magistrates’ Court hears a plea and allocates the case to Crown Court.
B) The Magistrates’ Court hears preliminary matters and sends the case to the Crown Court.
C) The Magistrates’ Court conducts a full trial.
D) The Magistrates’ Court sentences Alex immediately.
B) The Magistrates’ Court hears preliminary matters and sends the case to the Crown Court.
🔎 Explanation:
For indictable-only offences, the Magistrates’ Court only deals with initial procedures (e.g., bail, legal aid) before sending the case to the Crown Court under Section 51 of the Crime and Disorder Act 1998.
If a defendant pleads not guilty in an either-way offence and the Magistrates’ Court accepts jurisdiction, what choice does the defendant have?
A) The defendant can insist on being tried in the Crown Court.
B) The defendant must be tried in the Magistrates’ Court.
C) The case is automatically sent to the Crown Court.
D) The case is dismissed.
A) The defendant can insist on being tried in the Crown Court.
🔎 Explanation:
For either-way offences, if the Magistrates’ Court decides to retain the case, the defendant can still elect for a Crown Court trial if they prefer.
