Essay
unit 22 m2
- Institution
- PEARSON (PEARSON)
m2 compare the trial process in the magistrates’ courts and Crown court, using a summary, either way and indictable offence
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Content preview
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ellieewaltonn. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £10.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53068 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now