magistrates courts + criminal courts Flashcards
what is the criminal and civil jurisdiction of the magistrates?
the criminal jurisdiction of the magistrates is to hear all summary offences and hear youth court cases if trained
civil - hear family cases , enforce utility debts , issuing warrants etc
what are the different type of offenses?
- summery offenses- least serious offenses such a s motor offenses , minor criminal damage, and common assault, sentencing 6 months for one offense and 12 for more than 1
- triable either way offenses,- these offenses can be heard in the magistrates court of the crown court depending on the seriousness and nature of the offense if the sentencing jurisdiction of the magistrates it is passe to crown court after a pre-trial hearing
- indictable offenses - a most serious type of offense heard only in the crown court under the crime and disorder act 1998 as they posses the jurisdiction to sentence and hear, after pre-trial hearing in magistrates
what is the case name that is famously known for an unfair trail of youths which established magistrates youth courts?
Thompson and venbales v UK , echr held this was an unfair trial due the nature this is because the sentencing was too harsh and there was intmindation which is why magistrates have youth courts that are less formal to prevent this from happening.
name 3 advantages and disadvantages of jury ?
adv
1) more likely to understand and emphasises with a defendant and there situation leading to lighter pleas
2) less focused on legislation and more on morality , close link regarding law and provides that balance
3) not biased due to case hardening like judges that have to deal with many cases they may not take into account the facts of a case because of case hardening
disadv
1) because of jury duty , jury may not take job seriously resulting in unfair trails
2) TOO EMOTIVE , this can negatively affect cases and Memphis more on the emotional side rather that the law
3) lack of legal knowledge
what is bail?
bail is a pre-trail matter regarding if a person should be released waiting the next stage of there case
what article is bail in line with that uphold the law ?
article 5 of the echr states taht a person has a right to liberty this realtes to a person being innocent till proven guilty ( THE RULE OF LAW) upholding the fundamental principle
what are the 3 types of bail that can be granted?
- street bail, this allows bail to be granted without the need to go to the police station for minor offenses governed under a.4 of the criminal justice act 2003
- bail be granted after an arrest without charge with an offense under s,37 of the police and criminal evidence act 1984
- bail granted to a suspect that has been charged with an offense, this is only granted under the agreement that and will turn up to trial at magnates , found in s,38 of the police and criminal evidence act 1984 amended by the criminal and public order act 1994
what was significant with the changes of the policing and crime act 2017 ?
the significant change was that new legislation was introduced that could keep people on bail for shorter periods of time, 28 days, and an extension of 3 months.
adv and dis of bail ?
adv
- the defendant can use the time on bail to adequately prepare for trial without being restricted in seeing a solicitor or family
- the defendant can maintain employment during the bail period keeping d productive and out of trouble
- reduction in government spending because of the reduction in defendants on remand
disadvantages
- risk of defendant intervention with witnesses or obstruct the course of justice for example in the case of Shannon Mathews
- 12% of offenders on bail fail to turn up to trial there is a risk of them not surrendering
- a third of people on bail commit another offense showing that bail could be a danger to society
what is court bail ?
court bail is when a d is granted bail from the powers of the courts found in the bail act 1976
W1here do all criminal cases start?
- All criminal cases start in the Magistrates Court.
- magistrates can deal with matters such as granting bail, requesting pre-sentencing reports and/or medical reports and setting a court date and time for the case to be heard. This is called an Early Administrative Hearing (EAH)
Where can criminal cases be heard ?
- Country of criminal
Where are summary offences heard
Magistrates’ Court.
- Usually it is adjourned because the CPS does not have all the information needed to proceed, or the defendant wants to get legal advice or the magistrates want a pre-sentence report.
What are the procedures for triable either way offences ?
- The case can be heard in either the Magistrates’ Court or Crown Court.
-if the defendant pleads guilty:
Plea before venue. This is set out in the Criminal Procedure and Investigations Act 1996. the case is automatically heard by the magistrates and the defendant has no right to ask for referral to the Crown Court.
- if d pleads not guilty Mode of trial. If the defendant pleads not guilty a decision must be made where the trial will take place and this procedure is called mode of trial.
The magistrates can choose to keep it in the Magistrates court or send it to the Crown Court. The magistrates decide if they think the case is suitable to be heard in Magistrates’ Court and whether they are prepared to hear the case. Under s19 Magistrates’ Court Act 1980 they must consider the nature and seriousness of the case,
What are the procedures for indictable offences
Even for the most serious of offences the first hearing will be in the Magistrates Court. The EAH deals with all administrative matters
-n The Crown Court hears serious, indictable cases such as rape, murder and manslaughter.
The Courts Act 1971 established the Crown Court, but its jurisdiction is now contained in the Supreme Court Act 1981. Trials in the Crown Court are heard by a judge and jury.
