The courts: procedure and sentencing

Question 1

What are the courts that try criminal offences

Answer 1

The magistrates and the crown court

Question 2

What is the difference between the crown court and the magistrates?

Answer 2

The magistrates are made up of volunteers that don’t have law backgrownds and are meant to represent society (but don’t) The crown court are made up of a jury of 12 peers and a judge to pass sentence

Question 3

What are the three types of offences?

Answer 3

Summary, either way and indictable.

Question 4

What court deals with summary offences and why?

Answer 4

The magistrates court deals with summary offences as they are the lest serious offences, however they can pass the case over to the crown court if they feel their sentencing powers are insufficient

Question 5

What happens in a summary case just after the defendant has been arrested?

Answer 5

The police deicide if they will keep the defendant in custody until their court date or release them on bail.

Question 6

What is the crown prosecution services role in the pre trial proceedings

Answer 6

They advise the police if they have enough evidence to take the defendant to court or if they need to make further inquiries

Question 7

Where do all cases begin?

Answer 7

In the magistrates court where they deal with administrative issues, hear the defendants plea and decides if the defendant should be given legal aid

Question 8

What is the duty solicitor

Answer 8

It is the solicitor of the magistrates and advises the defendant in the first hearing in the magistrates

Question 9

What is legal aid

Answer 9

This payment of public funds to be given to people in need of a legal professional in a court case

Question 10

What is the plea?

Answer 10

This is when the defendant (during the first hearing at the magistrates) is read out the charges against them and decides to plead guilty or not guilty

Question 11

What happens if the defendant pleads guilty

Answer 11

Then they are sentenced during the first hearing, or the case is given to the crown court for sentencing in the more serious crimes

Question 12

What happens if the defendant pleads not guilty?

Answer 12

Then court is adjourned and a date is set when the magistrates or the crown court will hear the defendants case.

Question 13

What is the plea before venue?

Answer 13

This happens in either way offences and indictable offences in the magistrates the defendant pleads no guilty or guilty

Question 14

What happens if the defendant pleads not guilty in a either way offence?

Answer 14

Then there is a mode of trial hearing to decide if the case will be heard at the magistrates or the crown court

Question 15

What happens if the defendant exercises their right to trial by jury in either way offences

Answer 15

Then the trial will be handed over to the crown court for the plea and then the trial is necessary

Question 16

Why would someone elect to a trial by jury even if there is a risk of a higher sentence

Answer 16

The magistrates have over 90% conviction rate and therefore having a trial via jury you are much more likely to not get prosecuted.

Question 17

What will a jury judge on

Answer 17

Guilt/ innocence of the defendant (finders of fact)

Question 18

What is the premise supporting bail

Answer 18

It is a human right that everyone is assumed innocent until proven guilty and therefore everyone has a right to be given bail

Question 19

What does the bail act state

Answer 19

Everyone has a right to bail however the police or the courts can refute this right.

Question 20

What are the ‘reasonable grounds to refute bail’ according to the Bail act

Answer 20

1. The defendant will abscond and not attend their trial
2. Commit further offences if bail is granted
3. Interfere/threaten witnesses

Question 21

What are some conditions of bail?

Answer 21

Surrendering your passport , regular attendance to a police station

Question 22

Where does the burden of proof lie in a criminal case?

Answer 22

With the prosecution

Question 23

What is the standard of this burden of proof?

Answer 23

Guilty beyond reasonable doubt