Criminal Court Procedure

Question 1

What Law governs criminal offences?

Answer 1

Criminal Law Act 1977

Question 2

What are the 3 types of criminal offences?

Answer 2

+ Summary Offences
+ Triable Either-Way Offences
+ Indictable Offences

Question 3

What is the “Crown Prosecution Service”?

Answer 3

A group that ensures wrongdoers are brought to justice. Sort of like a Union of Prosecutors

Question 4

What are “Summary Offences”?

Answer 4

The least serious ‘petty’ crimes (e.g. Minor assault). They are triable summarily at the Magistrate’s court.

Question 5

What are “Triable-Either Way” offences.

Answer 5

Can be tried at the Magistrates court or the Crown court depending on the circumstance. E.g. theft

Question 6

What are Indictable Offences?

Answer 6

Indictable offences are tried at the Crown Court. They are the most serious offences. E.g. murder

Question 7

What is the maximum custodial sentence the Magistrates court can impose?

Answer 7

Up to 6 months for summary offences and 2 x 6 months for 2 or more TEW offences

Question 8

What is the maximum fine the Magistrates Court can impose?

Answer 8

£5000

Question 9

Who hears cases in the magistrates court?

Answer 9

3 Lay Magistrates or a District Judge of the Magistrates Court (DJMC)

Question 10

What duties does the CPS (Crown Prosecution Service) have?

Answer 10

+ Advises the police on prosecution cases
+ Reviews cases submitted by the police for prosecution
+ Determines the charge in more serious and complex cases.
+ Prepares cases for court
+ Presents those cases at court

Question 11

What do Magistrates’ courts do?

Answer 11

+ Listen to Summary and TEW cases
+ Bail applications
+ Stop and Search warrants
+ Youth Courts

Question 12

What age range must a defendant be between to be tried in a Youth Court?

Answer 12

10-17 years old

Question 13

What are some criticisms of Magistrates’ Court work?

Answer 13

+ Court clerks who advise magistrates may interfere with the fact-finding process
+ DJMC’s make the decisions alone, and quickly!

Question 14

What is the role of a Judge?

Answer 14

Someone who acts as a “sole arbiter of the law”

Also the one who hands down the sentence

Question 15

Who are the Jury?

Answer 15

The sole arbiter of fact

Also the people who decide if a defendant is guilty or innocent

Question 16

What is the jurisdiction of the Crown Court?

Answer 16

+ Hears all indictable offences
+ Hears severe TEW offences
+ Hears cases referred by magistrates for sentencing
+ Hears appeals from the Magistrates Court

Question 17

What can a defendant appeal to the Crown Court against?

Answer 17

Defendant can appeal against a Conviction or sentence

Question 18

What can the defendant hope to achieve by appealing a conviction?

Answer 18

Sentence may be increased or decreased

Complete rehearing of a case

Question 19

What can the prosecution or defence appeal against?

Answer 19

Against conviction only

Question 20

What court can the defendant appeal to?

Answer 20

The Crown Court

Question 21

What court can the defence or prosecution appeal to?

Answer 21

The High Court (Queen’s Bench Divisional Court)

Question 22

What court can be appealed to after the Queen’s Bench Divisional Court?

Answer 22

The Supreme Court (if a point of general public interest and permission is given)

Question 23

What is a standard Summary Trial procedure?

Answer 23

1. The charge is read out
2. Defendant enters their plea (guilty/not guilty)
3. The trial (prosecution opening speech and evidence)

Question 24

Who gives the opening statement in a Summary trial?

Answer 24

The Prosecution (because the burden of proof is on them)

Question 25

What is the court procedure for an indictable trial?

Answer 25

1. The indictment is read out
2. The defendant enters their plea (if “not guilty” a jury of 12 people is assembled)
3. Trial

Question 26

Who makes an opening and closing speech in an indictment trial?

Answer 26

Both the Defence and Prosecution