Jurisdiction Of Magistrates+Crown Flashcards
What are the Magistrates’ Court and the Crown Court?
They are 2 criminal trials courts, known as courts of first instance
What does the Magistrates’ Court has jurisdiction to hear?
It has jurisdiction to deal with all summary offences from start to finish, some trimble either-way offences depending whether it has the sentencing powers to hear the trial, and the first hearing of indicative offences before sending to the Crown Court trail
What are summary offences?
Minor offences tried only in the Magistrates’ Court (e.g. common assault, speeding).
Where are summary offences tried?
Magistrates’ Court only.
What is the maximum sentence for summary offences?
Generally 6 months imprisonment (or 12 months for multiple offences).
What are triable either way offences?
Middle-level offences that can be tried in either Magistrates’ Court or Crown Court (e.g. theft, ABH).
What happens at the Mode of Trial hearing for either way offences?
It decides whether the case stays in Magistrates’ Court or goes to Crown Court.
Can the defendant choose a jury trial for either way offences?
Yes, the defendant can opt for trial in Crown Court with a jury.
What are indictable offences?
Serious offences that must be tried in Crown Court (e.g. murder, rape).
Where does the first hearing of an indictable offence take place?
In the Magistrates’ Court for administrative reasons.
Where are indictable offences tried and who hears the case?
Crown Court with a judge and jury.
Where do all cases first appear?
At the Magistrates’ Court
What happens in the preliminary hearing?
The Magistrates consider legal representation, legal funding and bail applications under the Bail Act 1976
On what grounds can the Magistrates refuse bail?
Such as a risk that the defendant will fail to turn up to court, or may grant conditional bail as with a curfew
What does The Legal Aid Sentencing and Punishment of Offences Act 201e give additional powers to?
It gives the Magistrates Court additional powers to issue higher penalties for offenders who have committed ‘Level Five’ (higher fines) summary offences
What else can the Magistrates court grant?
Search or arrest warrants requested by the polices
How many months/years of imprisonment and fines can the Magistrates Court sentance an offender?
Maximum 6 moths imprisonment for one offences or 12 months for consecutive offences, and/or up to a £5000 fine
What does the Crown Court has jurisdiction to deal with?
Triable either-way and indictable offences
What sentencing powers does the Crown Court have?
It has unlimited sentencing powers subject to the Sentencibg Council’s Guidelines
What does the Crown Court also have jurisdiction to hear?
Appeals from the Magistrates Court.
From July 2022 what do boradcats news channels will do? And under what statute?
They will air judges’ sentencing remarks from the Crown Court, following a chnage in the law under The Crown Court (Recording and Broadcasting) Order 2020
Who hears pre-trial matters in the Crown Court?
A judge sits alone to hear pre-trial matters.
What happens when a defendant pleads guilty in the Crown Court?
A judge hears the case and passes sentence without a jury.
When is a jury used in the Crown Court?
When a defendant pleads not guilty, a jury is used to decide the verdict.
