Get a comprehensive overview of criminal courts with this concise summary sheet designed to aid law students in their studies. This document covers the key aspects of criminal courts, including the classification of offences, pretrial procedures, evaluation of trial courts, the Magistrates' Court, ...
- Criminal Courts-
CLASSIFICATION OF OFFENCES
The type of offence decides where a case will be tried and who will try it. Criminal offences are divided into three
categories:
- Summary offences
- Triable either way offences
- Indictable offences
SUMMARY OFFENCES
Summary offences are the least serious offences and are tried in the MagIstrates' court
- Driving offences
- Common assault
- Criminal damage (less than £5,000 damage)
- Shoplifting (less than £200)
TRIABLE-EITHER-WAY OFFENCES
There are middle range offences that can be tried in either the Magistrates' court or the Crown court
- Theft
- Assault causing actual bodily harm
In order to decide whether a case will be tried in the Magistrates or the crown court the defendant is first asked
whether they are guilty or not. If the defendant pleads guilty they will be tried in the Magistrates' court. If they plead
not guilty the defendant can decide where they want to be tried.
The Magistrates can also decide the case is out of their jurisdiction and send the case to the crown court
INDICTABLE OFFENCES
These are the most serious crimes
- Murder
- Manslaughter
- Rape
- Robbery
The first preliminary hearing for such an offence would be at the magistrates court but then the case is transferred
to the Crown court
All indictable offences must be heard in a crown court with a judge and juryv
, PRE-TRIAL PROCEDURE IN CRMINAL CASES
The criminal law is set down by the state. A breach of criminal law can result in imprisonment or a fine being
imposed on the defendant in the name of the state.
Bringing a prosecution for a criminal offence is seen as the role of the state and the majority of criminal
prosecutions are conducted by the CPS
The first hearing of all criminal cases is @ the Magistrates court
PRE-TRIAL PROCEDURE FOR SUMMARY OFFENCES
The aim of the Magistrates court is to complete the case @ the earliest possible hearing so where the defendant
pleads guilty the Magistrates will go ahead with the case and where possible decide the sentence there and then
- Many driving offences can be dealt with at a first hearing through a procedure under which the defendant can
plead guilty by post so attendance at court is unnecessary
If the defendant pleads not guilty, @ the first hearing the Magistrates' must try to discover the issue involved in the
case so it can proceed as quickly and efficiently as possible
PRE-TRIAL PROCEDURES FOR TRIABLE-EITHER-WAY OFFENCES
As triable-either-way offences can be dealt with @ either court. The pre-trial procedure needs to decide where the
case will be tried. There has to be a plea before venue.
PLEA BEFORE VENUE: The defendant is asked whether they plead guilty or not. if they plead guilty the
defendant has no right to ask to be tried in the crown court(Magistrates may decide to send the defendant to
the crown court for sentencing). If they plead not guilty then the magistrates must carry out mode of trial
proceedings.
MODE OF TRIAL: If the defendant pleads not guilty the Magistrates must carry out mode of trial proceedings to
decide where the case will be tried. The Magistrates decide whether they are prepared to accept jurisdiction
(Under S19 of the Magistrates court Act 1980 they must consider the nature and seriousness of the case)
Complex cases are sent to the Crown court and all pretrial matters are dealt with there
DEFENDANTS ELECTION: If the Magistrates accept jurisdiction the defendant has the right to choose trial by
jury in the crown court - Even if they choose to be tried in the Magistrates court they can still be sent to the
Crown court for sentencing
EVALUATION OF TRIAL COURT CHOICES
A point of discussion is whether defendants should be allowed to choose the court they are tried in as there are
advantages of the crown court that would make a defendant choose to be tried by jury
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