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Law A2 Criminal Courts and Lay people revision
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(1) The different types (classes of offences) (3)The Trial and Appeal Courts which can hear Criminal CasesThere are 3 different types/classes of criminal offences (crimes). The 2 first instance courts/trial courts for criminal cases are the Magistrates and the Crown Courts found
Summary offences are the least serious type of offence, such as common law in most major towns and cities.
assault or battery and their trials are always in the magistrates court where the The Magistrates Court hear early pre- trial (administrative hearings for all types of offences) but only hears the
panel of 2/ 3 magistrates decide the verdict (innocent or guilty) and can give a trials of summary offences such as assault and some either way offences following a mode of trial
maximum sentence of 6 months .imprisonment (and can send the case to the hearing/procedure. Trial is before a panel of 2/3 lay magistrates who listen to the evidence presented by both
Crown Court if a higher sentence is needed) and a maximum fine of £5000 for an the prosecution and defence teams before reaching a verdict (innocent or guilty) and imposing a sentence up to
individual (and £20,000 for a business). some limits.
Triable- either way offences vary in severity e. theft and S47 ABH, and can be The Crown Court hears the trials of some either- way offences and all indictable offences. The prosecution present
tried in either the Magistrates Court or the Crown Court following a not guilty plea their case and then the defence follow and the parties sum up. The judge advises the jury on the law and
(at plea before venue hearing),then a mode of trial hearing in the decides the sentence after the jury has reached its verdict.
Magistrates ,where the magistrates decide if they have jurisdiction to hear the The appeal courts for criminal cases are the Crown Court, QBD of the High Court, the Court of Appeal
case and the defendant is given the choice of venue if they do or the case is sent (criminal division) and The UK Supreme Court.
to the Crown Court for sentencing if they don’ The Crown Court also acts as an appeal court hearing appeals from the Magistrate’s courts, with 2 magistrates
Indictable offences are the most serious type of offences such as murder or S18 and a Crown Court judge sitting, on sentence or verdict. Appeals from the Magistrates on a point of law, called
Wounding (with intent). They will have an early administrative hearing in the “case stated appeals” can go to the Crown Court or straight to the Queen’s Bench Division whereas appeals
Magistrates’ Court but trials can only take place in the Crown Court before a judge against sentence or conviction just go to the Crown Court. After this, there is a further right to appeal to the UK
who decides points of law and sentence and a jury of 12 who decide the verdict. Supreme Court if the case is granted leave and involves a point of law of public importance.
(The sentencing powers of the Crown Court are unlimited). Appeals from the Crown Court go to the Court of Appeal Criminal Division, with leave, usually on the grounds that
the conviction is unsafe (or further evidence have come to light). There is a further right to appeal up to the
(2) Extra information for deciding where the trial of a TEW offence will take place (which court)- UKSC (UK Supreme Court) if the case involves a point of law of public importance with a final right to appeal to
The Magistrates’ Courts hear the early pre- trial hearings to decide where a trial (on a not guilty the European Court of Human Rights. The prosecution does have rights to appeal a light/lenient sentence and
plea) or sentencing (on a guilty plea) of an “either way offence like S47 ABH will take place. since 1996 a re- trial can be ordered if the jury has been nobbled.
There is a mode of trial hearing if D pleads not guilty at “plea before venue”, where the
Magistrates decide if they have the jurisdiction (power) to hear the trial of the case, considering (4) Trial in the Magistrates and Crown Court (unlikely to be a question but just know the procedure-just
issues like seriousness of offence and complexity of the law. If they have jurisdiction, the D can in case). Magistrates:- The prosecution gives and opening speech, before calling their witnesses who they
decide to have their trial in the Magistrates’ Court or have it transferred to the Crown Court for examine in chief and then there is cross examination by the other side. At this stage the judge might decide that
a later trial date. there is no case to answer and the case could be thrown out. If there is a case, the defence team them call their
witnesses and the prosecution can cross examine them. The magistrates listen to all the evidence, are advised
on the law by their legal advisor (the clerk) and then decide verdict and sentence up to their maximum powers
(can transfer to the Crown for higher sentences).Crown Court- Judge sits with a jury (talk through the same
Criminal Courts (1) procedures as Magistrates)…opening speech, prosecution case ( examination in chief and cross examination)
no case to answer/defence case… summing up by judge. Jury decides verdict (innocence/guilt) by unanimous
or majority decision - judge decides points of law and sentences.
Describe the types of offences and the trial and appeal courts which hear criminal cases- 10 marks Summary offences, the most minor like assault can only have their trial in the Magistrates
Court before a panel of 2/3 magistrates who hear the evidence for both sided before deciding verdict and sentence. Appeals against verdict and sentence are heard in the Crown Court whereas those
about a point of law, “case stated appeals are heard in (either the Crown Court) or in the Queen’s Bench Division. There is a further right of appeal to the Supreme Court if the case involves a point of
public importance. (New Para). Triable-either way offences (TEW), those which can vary in severity like S47 ABH can be tried in either the Magistrates or Crown Court and the decision about which
court is made a mode of trial hearing which follows a not guilty pleas (at the initial plea before venue hearing). If the Magistrates decide they have jurisdiction (can hear the trial) the choice of venue
(crown or Magistrates) is given to the Defendant, but if not the case is transferred to the Crown. The appeal of TEW offences follow is the same for summary offences if tried in the Magistrates and
for Crown it that is the trial venue. (NEW PARA) Indictable offences, which are the most serious for example (e.g.) murder and S18 Wounding, can only have their trial in the Crown Court where a jury
(of 12) will decide the verdict (innocent/guilty) having heard the prosecution and defence cases (examination in chief, cross examination and summing up) and a judge will decide points of law and
sentence. Appeals from the Crown Court require leave to go to the Court of Appeal Criminal Division and are usually on the grounds that the verdict is unsafe with a further right of appeal to the UK
Supreme Court with leave on the grounds that it’s about law of public importance. (The prosecution can appeal an unduly lenient sentence and since 1996 there can be an appeal and an order for a re trial
where the jury has been nobbled. [The final appeal court is the ECHR.]
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