The Criminal Justice System in Practice

Question 1

Some offences are more serious than others, and can only be tried in particular courts. What three ways are offences classified as?

Answer 1

Summary only offences

Indictment only offences

Either way offences

Question 2

What are summary only offences?

Answer 2

This type of criminal offence can only be tried in a magistrates’ court. The only exception to this is when the offence is linked or associated with a more serious offence which has been sent to the crown court.

There are many offences that fall within this category. Almost all driving offences are summary offences, with the exception of dangerous driving or offences whereby a fatality has occurred, and the sentence for dangerous driving will reflect this in each case.
Common assault involving minor injury- which is the least serious form of assault.

Summary offences normally carry a maximum sentence of 6 months’ imprisonment, although certain offences such as vehicle interference have a lower maximum sentence of 3 month.

Question 3

What are either way offences?

Answer 3

This type of criminal offence can be dealt with in either the magistrates’ court or the crown court.

The range of offences within this category is very wide in terms of the level of seriousness.

Examples of either way offences are:

Theft
Burglary
Possession of drugs
Possession with intent to supply drugs
Affray
Assault occasioning actual bodily harm

A person charged with an either way offence must first appear before a magistrates’ court where an indication of plea will be requested. The magistrates’ court will hear the facts of the case and decide where the case should be allocated for trial or sentence.

Question 4

What are indictable only criminal offences?

Answer 4

The most serious criminal offences, indictable only offences can only be dealt with in the crown court.

A person charged with an indictable only offence must first appear before the magistrates’ court, yet the case will be sent immediately to the crown court to be dealt with by a judge. If the case proceeds to a trial, the jury will decide on the defendant’s innocence or guilt. It is always for the judge to pass sentence.

Indictable only offences include:

Murder
Manslaughter
Robbery
Rape

Question 5

What are county courts?

Answer 5

The county courts deal with the majority of cases in the civil court system. Bailiffs are attached to each court to enforce orders and collect money. Cases are heard by either a deputy district judge, district judge or a circuit judge. Circuit judges are senior judges who have a wider jurisdiction than district judges.

District judges can hear any cases allocated to the small claims track or the fast track, as well as some multi-track cases, including possession claims.

Question 6

What are magistrates’ courts?

Answer 6

Where all criminal cases start, regardless of classification (around 95% are concluded here too).

There are limits to the sentences that can be used- 6 months per individual offence and max fine of £5000.

More serious crimes get sent to crown court.

Question 7

What are youth courts?

Answer 7

Normally used for defendants aged between 10 and 17 years.

Similar to magistrates’ courts but take into account age of defendants, and are not open to public.

Question 8

What are crown courts?

Answer 8

First instance courts for more serious criminal cases, including indictable offences such as murder, rape or robbery.

Trial takes place before a judge and jury, and members of the public.

Police may give evidence as witnesses.

Question 9

What are high courts?

Answer 9

Alongside the Crown Court and Appeal Courts, part of the higher courts of justice in England and Wales. It hears cases at first instance and on appeal.

The high court consists of three divisions; the Queen’s Bench Division (most important cases), the Chancery division and the Family Division, and each hear different types of cases.

Question 10

What is the Court of Appeal?

Answer 10

Considers appeals from the Crown Court (criminal cases) and the High Court (civil cases) but it also takes a few appeals from the magistrates’ and youth courts.

Question 11

What is the Supreme Court

Answer 11

The highest court and the final instance of appeal on points of law and important legal disputes for criminal and civil cases.

Cases are presided by 12 appointed senior judges.

Question 12

What courts have judges with no jury?

Answer 12

Appeal and Supreme

Question 13

What courts have judges and jury?

Answer 13

Crown

Question 14

Once a court has found a defendant guilty, what are the three primary sentencing options?

Answer 14

Community orders

Fines

Custodial sentences

(These may be used together or separately)

Question 15

What are community orders?

Answer 15

Combine rehabilitation with punishment, and are supervised by the National Probation Service (e.g removing graffiti from buildings).

Question 16

What are custodial sentences?

Answer 16

A custodial sentence is a judicial sentence, imposing a punishment consisting of mandatory custody of the convict, either in prison or in some other closed therapeutic or educational institution.

Question 17

What are conditional discharges?

Answer 17

The offender is discharged by with the condition of not committing any other offence for a certain time period (three years max).

If they do they will be convicted for breaching the conditional discharge and re-sentenced.

Question 18

What are absolute discharges?

Answer 18

The version has either admitted to an offence or has been found guilty, but is not penalised as the process of investigation and prosecution is deemed to be a sufficient responses to the offence committed.