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unit 22 m2
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m2 compare the trial process in the magistrates’ courts and Crown court, using a summary, either way and indictable offence
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M2 ResubCompare the trial process in the magistrates’ courts and Crown court, using a summary, either way
and indictable offence.
The main differences between the two courts come from the fact that the magistrates court are the
tribunal of law and facts. There isn’t a jury so no one needs to be selected for that. Arguments
against the evidence must be put forward to the magistrates and if then it’s found that the evidence
is inadmissible then it must be ignored. For example if a defendant wasn’t made aware of his right
for legal advice and the confession was inadmissible they it would be a struggle to ignore it and be
Able to reach the end verdict.
Appeals from the magistrate’s court
Many appeals from the magistrate’s court will go through the crown court. This appeal will then be
heard by a judge in the crown court where two magistrates are present, it will go ahead like a re trial
where the evidence will be called on both sides just like it normally would. In addition the
prosecution therefore can’t appeal an acquittal this way. On the contrary another way to appeal the
magistrate’s court is through the administrative court either because the magistrates have gone
wrong in law or because of judicial review which is a breach of rules natural justice.
Appeals from the administrative court rely on the Supreme Court on the application of the
prosecution or defence, as long as there is matter of law of general public importance involved.
However appeal to the Supreme Court isn’t often given. If a defendant considers the sentence from
the magistrates too harsh then they can appeal to the crown court, however if the crown courts
disagrees it’s been too harsh, in fact to soft then they can increase the sentence.
Appeals from the Crown Court
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