Descrine The Jurisdiction Of The Magistrates And Crown Court Flashcards
What are the two criminal trial courts known as?
The Magistrates Court and the Crown Court are known as courts of first instance.
What types of offences does the Magistrates’ Court have jurisdiction over?
The Magistrates’ Court deals with all summary offences, some triable either-way offences, and the first hearing of indictable offences.
What happens during the preliminary hearing at the Magistrates’ Court?
Magistrates consider legal representation, legal funding, and bail applications under the Bail Act 1976.
What are the grounds for refusing bail in the Magistrates’ Court?
Bail may be refused if there is a risk that the defendant will fail to turn up to court.
What is the maximum sentence the Magistrates’ Court can impose?
The court can sentence an offender to a maximum of 6 months imprisonment for one offence or 12 months for consecutive offences, and/or up to a £5000 fine.
What additional powers does the Legal Aid Sentencing and Punishment of Offenders Act 2012 provide?
It gives powers to issue higher penalties for offenders who have committed ‘Level Five’ summary offences.
What warrants can the Magistrates’ Court grant?
It can grant search or arrest warrants requested by the police.
What types of offences does the Crown Court have jurisdiction over?
The Crown Court deals with triable either-way and indictable offences.
What are the sentencing powers of the Crown Court?
The Crown Court has unlimited sentencing powers, subject to the Sentencing Council’s Guidelines.
Who hears pre-trial matters at the Crown Court?
A judge sits alone to hear pre-trial matters in cases at the Crown Court.
What happens when a defendant pleads not guilty at the Crown Court?
A jury is used to decide the verdict.
What jurisdiction does the Crown Court have regarding appeals?
It has jurisdiction to hear appeals from the Magistrates’ Court.
What change occurred in July 2022 regarding the Crown Court?
Broadcast news channels began airing judges’ sentencing remarks from the Crown Court.
