3) Criminal Court Structure Flashcards
(31 cards)
Where do all criminal cases in England and Wales start?
In the magistrates’ court or the Youth Court
What is the age requirement for defendants to have their first hearing at the magistrates’ court?
18 years and over
Who has their first hearing at the Youth Court?
All defendants under the age of 18
What types of matters must the magistrates’ court try?
- All summary only matters
- Any either-way matters
What court hears appeals from the Crown Court in its capacity as a trial court?
The Court of Appeal (Criminal Division)
What is the role of the Supreme Court in the criminal court structure?
Hears appeals from the Court of Appeal on points of law of general public importance
What is the definition of a tribunal of fact?
The person or persons who make a decision as to disputed facts
What is the definition of a tribunal of law?
The person or persons who make a decision as to disputed points of law
What judges can sit in the magistrates’ court?
- District Judge
- Deputy District Judge
- Lay magistrates and a legal adviser
What types of trials does the magistrates’ court handle?
- All summary only offences
- Either-way offences where the magistrates accept jurisdiction
What is the maximum imprisonment sentence the magistrates’ court can impose for summary only offences?
6 months
What is the maximum fine the magistrates’ court can impose?
Unlimited
What types of offences does the Crown Court primarily handle?
- All indictable only offences
- Either-way offences where the magistrates’ court has declined jurisdiction
Who are the judges in the Crown Court?
- Circuit Judge
- High Court Judge
- Recorder
What is the role of the jury in the Crown Court?
Decide whether the defendant is guilty or not
What is the maximum imprisonment sentence the Crown Court can impose?
Life or less if the statutory maximum is lower
What types of appeals does the Crown Court hear?
- Appeals against sentence from the magistrates’ court
- Appeals against conviction from the magistrates’ court and Youth Court
What is the main function of the High Court in criminal matters?
To ‘state a case’ or judicially review decisions of the magistrates’ or Youth Court
What is a key limitation of the Administrative Court regarding trial on indictment?
It has no jurisdiction to judicially review matters relating to trial on indictment itself
What is required for a case to be heard in the Court of Appeal?
Leave from the court
Who typically judges cases in the Court of Appeal?
- Judges of the Court of Appeal
- High Court Judges
- Crown Court Judges authorized to sit in the Court of Appeal
What can the Court of Appeal do regarding appeals against conviction?
Can dismiss the appeal or quash the conviction
What is the role of the Supreme Court Justices?
Addressed as My Lord/My Lady
What courts are considered trial courts in England and Wales?
- Youth Court
- Magistrates’ court
- Crown Court
