Criminal/appeal Courts Flashcards
(14 cards)
Summary offences
-how serious
-where are they tried
-examples
Least serious
Tried in magistrates court
Examples- Assult and battery
Triable either way offences
-how serious
-where are they tried
-examples
Middle range serious
Tried in magistrates or crown court
Examples - s47ABH s20GBH theft
Indictable offences
-how serious
-where are they tried
-examples
Most serious
Crown court by jury
Examples - s18 GBH murder manslaughter
What happens when D pleads guilty or not guilty in a summary offence
Guilty- magistrates pass sentence
Not guilty- trail will be heard and decided by magistrates
What happens if D pleads guilty or not guilty in a traible either way offence
Begins in magistrates where D pleads at the “plea before venue” hearing
Guilty- magistrates hear facts and decide if they have sentencing powers. If not case goes to crown.
Not guilty- “mode of trail” where magistrates hear case facts and chose if they want to accept. If they agree, D can chose to go to crown. If not, case has to be in crown.
What happens if D pleads guilty or not guilty in an indictable offence.
Always begins in magistrates court for “early administrative hearing” which deals with paperwork. Then sent to crown for “plea and directions hearing”
guilty- adjournment before sentencing for reports to be written
not guilty- adjournment before trial.
How many magistrate courts are there in England and wales?
240
How qualified are the 3 magistrates and him do they have to assist them?
Qualified district judge or lay magistrate. Have a legally qualified clerk to assist them.
How many criminal cases are heard in magistrates?
97%
About 1.5 million
Where do specifically trained magistrates try defendants aged 10-17
Youth court
What are the usual maximum sentence a magistrate can hand out
2 x 6 month imprisonment
5000 fine
Both
What act allows magistrates to issue unlimited fines for level 5 acts?
LASPO 2012
Give 2 examples of level 5 offences
Sale of alcohol to children
Sale of realistic imitation firearms
How kany crown courts are there in England and wales and how many cases do they hear?
92 courts
80,000 cases
