Criminal courts

Question 1

Classification of Offences

Answer 1

Summary = Always Magistrates Court = up to £5000
Triable either way = Magistrates or crown, depending on D’s plea
Indictable = Preliminary hearing at Magistrates, then transferred to Crown w/ Jury

Question 2

Magistrates Court

Answer 2

Tries all summary cases and some triable either way
Max 6 months, or 12 months for two offences
Preliminary hearings for Crown trials

Question 3

Appeals from Magistrates Court

Answer 3

Normal route of appeal to Crown court (against conviction and/or sentence depending on plea)
Case stated appeals on point of law to QBDC from Magistrates or Crown appeal against conviction or acquittal
Further appeal to Supreme court if of public importance, or given permission to appeal

Question 4

Crown court

Answer 4

Tries some triable either way and all indictable offence
Judge and jury of 12

Question 5

Appeals from crown court

Answer 5

Defence must have leave to appeal from COA or trial judge (if conviction unsafe). Can quash, decrease or deny appeal
Prosecution can appeal against: judge’s ruling, acquittal (nobbled jury or new evidence), point of law, sentence
Further appeal to Supreme Court if of public importance, or given permission to appeal