Describe the jurdiction of the magistrate and crown courts Flashcards

1
Q

what are the criminal courts of first instance

A

Magistrates and crown courts

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2
Q

what is the jurisdiction of the magistrates
3 examples

A

deal with all summary offences from start to finish

triable either way offences depending on whether it has sentencing powers to hear the trial

first hearing of indictable offences before sending them to crown court

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3
Q

where do all criminal cases appear

A

all cases appear at magistrate’s court —> Preliminary hearings = magistrate consider legal representation, legal funding and bail application under

BAIL ACT 1976

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4
Q

when might the magistrates refuse bail

A

on certain grounds such as risk that defendant won’t turn up to trial or may grant conditional bail—> curfew order

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5
Q

what are some of the of the magistrates
list three

A

1.)sentence an offender up to 6 months imprisonment for one offence or 13 months for consecutive offences and:or £5000 fine

2.)legal aid sentencing and punishment of offenders act 2012—> give more power to issue higher penalties for offenders who committed Level 5 summary offences

3.) Grant a search warrant/ arrest to police

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6
Q

what is the jurisdiction of the crown court

A

deal with triable either way and indictable offences

and have unlimited sentencing powers, subject to the sentencing council guidelines

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7
Q

what happens if a defendant pleads guilty/ not guilty in magistrates courts

A

judges head the pre trial matters in cases at crown court & where defendant pleads guilty—> where d pleads no guilty jury is used as a verdict

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8
Q

what can crown courts also hear

A

also have jurisdiction to hear appeals from magistrates

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9
Q

July 2022

A

broadcast news channels can air judges sentencing remarks from crown courts—> following change in law

crown court (Recording & broadcasting) order 2020

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