The criminal court

Question 1

which are the type of criminal offences

Answer 1

summary offences
triable-either-way offences
indictable offences

Question 2

what is summary offences

Answer 2

an offence that can only be tried in magistrates’ court, which has the least serious cases

Question 3

what is triable-either-way offences

Answer 3

an offence that can be tried either in the magistrates’ court or in the crown court
middle range of crime

Question 4

what are indictable offences

Answer 4

offences that can only be heard in the crown court . the most serious cases
murder, manslaughter and rape

Question 5

which are qualified magistrates

Answer 5

district judges

Question 6

which are unqualified magistrates

Answer 6

lay justice

Question 7

what are the jurisdiction of the magistrates court

Answer 7

try all sumary cases
try any triable-either-way offences
they deal with the preliminary hearings of any triable-either-way offence which is going to be tried in the CC
deals with youth court

Question 8

appeal from the magistrates court

Answer 8

appeal to the crown court
case stated appeal
appeal to the supreme court

Question 9

appeals to the crown court main point

Answer 9

only available to the defence
if the defendant pleading guilty at the magistrates court , they can only appeal against sentence
if the defendant plead not guilty and was convicted then the appeal can be against conviction and/or sentence

Question 10

supreme court (case stated appeals)

Answer 10

an appeal is made on a point of law that goes to the administrative court

Question 11

by who is used (case stated appeal )

Answer 11

the defendant against the conviction
the prosecution against an aquittal in situation where they claim the magistrates came to the wrong decision because they made a mistake about the law

Question 12

appeal to the supreme court

Answer 12

such an appeal can only be made if :

a) the divisional courts certifies that a point of law of general public importance is involved
b) the divisional court of the supreme court gives permission to appeal because the point is one which ought to be considered by the supreme court

Question 13

people found in magistrates court

Answer 13

bench of lay magistrates /justice of peace
clerk of the court
solicitors/barristers(advocates)
legal executive(assist advocates)

Question 14

becnch of lay magistrates/justice of peace ….

Answer 14

voluntary work

have only basic legal training

Question 15

clerk of the court

Answer 15

guides bench on points of law

Question 16

function of the crown court

Answer 16

bail decision/appeals
committals for sentence→judge sitting alone
→determine sentence with CC
powers
Appeals against conviction and/or sentence from the MC→judge sitting with 2 magistrates
→re-hearing
→can re-sentnce only to maximum of MC powers
trial of indictable only or either-way offence

Question 17

people found in crown court

Answer 17

high court judge
circuit judge
recorder
jury
barrister/solicitor
solicitor/legal executive

Question 18

high court judge…

Answer 18

tries most serious cases-murder

Question 19

circuit judge …

Answer 19

also hears serious cases -murder, rape

Question 20

recorder…

Answer 20

less serious offences-burglary, theft, assault

Question 21

appeals from the crown court

Answer 21

appeals by the defendant

appeals by the prosecution

Question 22

appeal by the defendant

Answer 22

1) leave to appeal-defendant must get leave to appeal from the court of appeal or a certificate that the case is fit for appeal from the trial judge
2) grounds for appeal-the court of appeal shall allow an appeal against a conviction if they think that the conviction is unsafe; and shall dismiss any appeal in any other case

Question 23

Appeals by the prosecution

Answer 23

against a judge’s ruling
against aquittal
reffering a point of law
against sentence

Question 24

against judge’s ruling

Answer 24

judges rulling on a point of law which stops the case against the defendant

Question 25

against aquittal

Answer 25

1) one or more jurors are bribed or threatened by associates of the defendant (where the aquittal was the result of the jury being ‘nobled’)
2) where there is new and compelling evidence of the aquitted person’s guilt and it is in the public interest for the defendant to be retried

Question 26

reffering to a point of law

Answer 26

where the judge may have made an error in explaining the law to the jury

Question 27

against sentence

Answer 27

about 120 cases are reffered each year and the sentence is increased in about 80% of this cases

Question 28

High court main points

Answer 28

its functions is limited :
deals with appeals from MC ‘by way of case stated’, it can apply to the crown courts very rarely
it has habeas corpus

Question 29

the court of appeal

Answer 29

will hear and determine appeals from the crown court

the court can squash the decision ,vary sentence , or order a new trial

Question 30

the supreme court main points

Answer 30

determine appeals from the court of appeal

Question 31

ECHR

Answer 31

once leave is granted the court will hear an appeal and judge in accordance with law and convention of ECHR

Question 32

criminal cases review

Answer 32

it can refer a case back for trial and can look at facts as well as law. it can order a new investigation

Question 33

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Answer 33

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