Describe the jurdiction of the magistrate and crown courts Flashcards
what are the criminal courts of first instance
Magistrates and crown courts
what is the jurisdiction of the magistrates
3 examples
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
where do all criminal cases appear
all cases appear at magistrate’s court —> Preliminary hearings = magistrate consider legal representation, legal funding and bail application under
BAIL ACT 1976
when might the magistrates refuse bail
on certain grounds such as risk that defendant won’t turn up to trial or may grant conditional bail—> curfew order
what are some of the of the magistrates
list three
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
what is the jurisdiction of the crown court
deal with triable either way and indictable offences
and have unlimited sentencing powers, subject to the sentencing council guidelines
what happens if a defendant pleads guilty/ not guilty in magistrates courts
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
what can crown courts also hear
also have jurisdiction to hear appeals from magistrates
July 2022
broadcast news channels can air judges sentencing remarks from crown courts—> following change in law
crown court (Recording & broadcasting) order 2020