Overview of Criminal Procedure

Question 1

What categories of offences are there?

Answer 1

Summary Only
Triable Either Way
Indictment only

Question 2

Where do appeals from a trial on indictment in the crown court go?

Answer 2

Court of Appeal

Question 3

Where do appeals from other decisions from the crown court go, usually by way of Judicial Review?

Answer 3

High Court (has exclusive JR jurisdiction)

Question 4

Can Crown Court Judges exercise Magistrates’ powers?

Answer 4

Yes

Question 5

What are the four types of judge that can sit in the Crown Court?

Answer 5

High Court Judges
Circuit Judges
Recorders
District Judges

Question 6

Who sits in the Magistrates?

Answer 6

A panel of at least 2 Magistrates (lay justices) who will be supported by a legal adviser, or;
salaried district judge, who sits alone

Question 7

What are the maximum sentences awardable by the Mags?

Answer 7

For 1 summary offence = 6 months

For 1 E/W offence = 12 months

More than one summary offence = 6 months

More than one E/W offence = 12 months

Question 8

What is committal?

Answer 8

The act of sending the case to the crown court for sentencing (after having been found or pleaded guilty)

Question 9

What is being sent up?

Answer 9

Where the magistrates send a case to the crown court for trial (i.e. before guilt is established or pleaded)