Law Sec. A, Crim Courts

Question 1

What is the structure of the criminal court?

Answer 1

Supreme
CoA
(Divisional)
Crown
Mags

Question 2

What is a summary offence?

Answer 2

Minor crimes
Tried in mags
Fine or 6mo. imprisonment

Question 3

What is a triable either way offence?

Answer 3

Mid-level crime
Mags or crown

Question 4

What is an indictable offence?

Answer 4

Serious crime
Tried in crown court

Question 5

What happens in a TEW pre trial procedure?

Answer 5

Plea before venue hearing (hears plea + decides court)
Case to mags-> summary
Case to crown-> indictable
Disclosure by prosecution/defence
Pre trial and prep hearing in crown (take plea, set date)

Question 6

What happens in an indictable pre trial procedure?

Answer 6

All cases start in mags to determine bail and legal funding
Serious offences to crown (crime and disorder act 1998)
If plea guilty decide sentence
If not guilty trial before judge and jury

Question 7

Grounds for criminal appeal

Answer 7

New evidence (fact)
Pleads guilty (fact)
Pleads not guilty (fact)
Law used incorrectly (law)
Against conviction (law+sentence)
Jury has been nobbled (law)

Question 8

Criminal appeal routes (from mags)

Answer 8

Supreme
Administrative Court (KBD
If case stated, mags straight to KBD
If defence, mags to crown, then if case states crown to KBD

Question 9

Criminal appeal routes (from crown)

Answer 9

Supreme
CoA
Crown court

Question 10

Criminal apples routes explanation (mags to crown)

Answer 10

Defence only
If pleaded guilty, against sentence
If pleaded not guilty, against conviction and sentence

Question 11

Criminal appeals routes explanation (from crown court)

Answer 11

Defendant only
Against conviction/sentence
Leave to appeal decided by judge