The criminal courts and lay people Flashcards
Where are preliminary matters dealt with?
Mags
Where are appeals dealt with?
Crown court, high court, court of appeal, supreme court.
Where does sentencing occur?
Mags + crown
What are the four available sentences?
- Discharge
- fine
- Community sentence
- Custodial sentence
Who decides in a magistrates court?
-Lay magistrates
Who decides in a crown court?
Judge + jury
What are the 3 classifications of offence?
1.Summary
2.Either way
3.Indictable
What is meant by a summary offence?
-petty
-mags
-E.g. assault + traffic
What is meant by an either way offence?
-mags/ crown depending
-E.g. ABH
What is meant by an indictable offence?
-serious
-crown
-murder, robbery and rape.
What is meant by a pre- trial procedures?
-accused put before mags
-early administrative hearing
-done by a mag/legal adviser who decide on bail +legal aid
What is the pre-trial procedure for summary offences?
-if plead guilty immeadiate sentencing
-if not can wait for probation reports.
- range of sentences
What is the pre-trial procedure for either way offences?
-early administrative hearing.
-plea of guilty or not guilty
-GUILTY-if serious mags can decide to sent to crown
-NOT GUILTY-Mode of trial
What is meant by a mode of trial hearing?
-decide which court/ whether to accept jurisdiction based on the seriousness
-accused can choose to go to the. crown court.
What is the pre-trial procedure for indictable offences?
-after preliminary administrative factors- crown court.
-GUILTY– judge sentence
-NOT GUILTY- jury decides + judge sentences
