Criminal Process - Criminal courts and lay people

Question 1

What is meant by courts of first instance?

Answer 1

The courts where a case will commence

Question 2

What is the jurisdiction of the Magistrates Court?

Answer 2

Trying summary offences and most TEW offences

Plea before venue hearings for TEW offences

Sentencing defendants if found guilty (though their powers are limited)

Deal with first hearing of indictable offences (e.g. granting bail, making reporting restrictions)

Dealing with ancillary matters e.g. issuing bench arrest warrants

Trying cases in the Youth Court for defendants aged 10-17

Question 3

What are the two key criminal courts of first instance?

Answer 3

Magistrates’ Court and Crown Court

Question 4

What is the jurisdiction of the Crown Court?

Answer 4

All indictable offences e.g. murder, manslaughter and robbery

Appeals against a Magistrates’ Court conviction or sentencing

Cases passed from a Magistrates’ Court for trial or sentencing

Question 5

Process of a case in the criminal courts

Answer 5

Plea and case management hearing

If D pleas guilty - they will subsequently be sentenced

If D pleas not guilty - A full trial involving a jury of 12 citizens will commence

Question 6

Classification of criminal offences

Answer 6

Summary offences - the least serious offences. E.g. common assault. Magistrates’ Court.

Triable Either Way offences - sits in between summary and indictable in terms of seriousness. E.g. theft, ABH. Plea before venue a Magistrates’ Court then Magistrates’ or Crown Court.

Indictable offences - the most serious offences. E.g. murder, manslaughter, robbery. Admin hearing in Magistrates’ then transferred to Crown Court for trial

Question 7

What is the meaning of guilty?

Answer 7

Legally responsible for a specified wrongdoing

Question 8

Sentencing powers for each offence

Answer 8

Summary - up to 6 months imprisonment for a single offence, or up to 12 months in total for 2 or more offences and/or a fine, generally of up to £5000

TEW - Up to max set for specific offence, same as summary if in Magistrates’ Court

Indictable - Up to the maximum set for the specific offence by common law or statute

Question 9

Pre trial procedures

Answer 9

Summary -

Question 10

Appeals and appellate courts