Legal System: Criminal Courts -> Jurisdiction and Pre-trial procedure

Question 1

Summary offence (what, where, example)

Answer 1

• less serious offences
• tried in Magistrates Court
• i.e common assault/ driving without insurance

Question 2

Triable either way offences (what, where, example)

Answer 2

• middle range offences that vary in degree of harm caused
• tried in magistrates or croen
• i.e theft/actual bodily harm

Question 3

Pre-trial procedure for indictable offences

Answer 3

first hearing
- ‘sending for trial ‘ in magistrates Court
- Case is transferred to the Crown Court
s.51 Crime and Disorder Act 1998

Question 3

Pre-trial procedure for summary offences

Answer 3

1. First hearing MC (legal aid, bail, reports)
2. D asked plea
   Guilty = sentence passed
   Not Guilty = trial by 3 mags + sentence if guilty
   (mags retain right to send to CC)

Question 3

Indictable offences (what, where, example)

Answer 3

• Most serious offences
• Tried in crown court
• i.e Murder/Manslaughter

Question 4

Pre-trial procedure for triable either way offences

Answer 4

1. first hearing -> bail, legal aid, reports in MC
2. Plea before venue -> D asked Guilty/Not Guilty
3. Guilty = Mags hear facts + deciding if sentencing pwrs sufficient
   Yes = Sentence
   No = Crown court
4. Not Guilty = Mode of Trial hearing -> Mags decide whether or not to accept jurisdiction using Magistrates Court Act 1980 -> (complexity, harm, convictions, pwrs, seriousness)
   Accept = D elects place of trial -> CC or MC
   ( completion of trial + guilty verdict = mags retain right to send D to CC)
   Refuse = CC

Question 5

Jurisdiction of the Crown Court

Answer 5

• tries all indictable offences
• tries some triable either way cases (most serious)
• appeals from MC against conviction/sentence
• Tried by Judge + Jury
• Sentences for MC
• around 5% of C trials

Question 6

Jurisdiction of Magistrates court

Answer 6

All summary + most triable offences
(around 95-97% of all trials)
- mode of trial Hearings
- Sending for trial Hearings
- Youth court (if specially trained)
- issue arrests and search warrants
- deciding bail
- 3 sit

Question 7

appeals and appellate courts - MC

Answer 7

MC - automatic rights of appeal
- appeal against conviction/sentence by defence CC -No further appeal -> if on PoL sent to divisional court w/ HCJ
- MC - case-stated appeal by prosecuttion/defence Divisional Court (KBD of HC)
- further appeal on PoL GPI
- PoL will be sent back to Mags to be applied

Question 8

Appeals from CC

Answer 8

• conviction/sentence CoA (CD)
• need leave of appeal granted by Judge/CoA
• grounds for appeal against conviction _. unsafe
• Court can retrial or quash conviction
• new ev.
• appeals by prosecution -> jury tampering & new And ompelling evidence, PoL, unduly lenient sentence
• appeals to supreme court PoL of GPI