Session 11, criminal court Flashcards
1
Q
What are summary offences?
A
- less serious offences
- Magistrates court
- e.g driving offences, shoplifting under £200
2
Q
What are triable-either-way?
A
- middle ranged offences
- Magistrate’s court
- Crown court
- e.g assault causing bodily harm
3
Q
What are indictable offences?
A
- most serious crimes
- e.g manslaughter
- pre ilia ray hearing in magistrates but then case transferred to Crown court to be tried with judge and jury
4
Q
Explain Magistrates Courts
A
- magistrates are legally qualified district judges or unqualified lay magistrates
- limit to sentence they can give. 6 months for one offence 12 for two.
- can impose fines and community orders
5
Q
What is the jurisdiction of Magistrates Courts?
A
- try summary cases
- try triable-either-way offences which go to Crown Court
- side matters connected to criminal cases e.g issuing warrants for arrest
6
Q
How do appeals from Magistrates court work?
A
Can appeal to Crown court or administrative court
1) appeals to Crown court
2) case reheard by judge and 2 magistrates
3) either confirm or reverse conviction
7
Q
Explain Crown court
A
- deals with triable-either-way offences
- deals with appeal from Magistrates
- cases heard by judge and jury of 12
- judge decides sentence
- jury decide on guilty or innocent
8
Q
How do appeals from the Crown court work?
A
- leave to appeal
- application for appeal is looked over by a judge of court of
- grounds for appeal: The Criminal Appeal act 1995
9
Q
How do prosecution appeals work?
A
- judges ruling: if trial judges ruled on point of law which stops case against defendant
- Aquittal: when case is acquitted due to jury being nobbed and when judge made error in explaining law to jury
10
Q
Who can and when can you appeal to supreme courts?
A
- prosecution and defendant
- can appeal from Crown to supreme
