Criminal Courts and appeals Flashcards

(6 cards)

1
Q

summary of offences

A

summary offences is the least serious offences in terms of injury or impact -this includes petty crimes e.g assaults and battery and road traffic offence. they are tried in the magistrates court

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2
Q

triable-either way offences

A

offence that may have tried at the magistrates court or at the court depending on the circumstances of the case these offences such as theft assault,anything that cause bodily harm

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3
Q

Indictable offence

A

they are most serious, more complicated offences must tried at the crown court.this include murder,manslaughter

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4
Q

jurisdictions of magistrates courts

A

magistrates court deals with the preliminary hearing of any triable either way offence which is going to be tried in the crown court, deals either all the side matters connected to cases including issuing warrants for arrest and deciding bail ,try an triable either way offences in which magistrates are prepared to accept jurisdiction where the defendant agrees to summary trial by the magistrates ,trying cases in the youth court where defendants 10-17

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5
Q

jurisdiction of crown courts

A

the crown court covers triable-either where the defendant has elected to be trialled in crown court this is because the magistrates decided that the case was too serious crown court tries all indictable offences ,appeals from the magistrates court

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6
Q

pre-trial procedure

A

there is a plea before venue under this procedure the defendant is first asked whether he pleads guilty or not guilty, if the plea is guilty the defendant has no right to ask for the case to heard at the crown court. however the magistrate may decide to send tne defendant to crown court for sentence. if the plea is gulity magistrates will hear the tfacts and decide if their sentencing powers are sufficient will sentence if not the case will be sent to crown court for sentencing,id the defendant pleaded not gulity there will be a m ode of trial hearing if the defendant pleads not gulity then the magistrates must carry out’ mode of trial ‘ proceeding to decide whether the case will be tried in magistrates or the crown court and they accept jurdisation magistrates willing to take the case the defendant told has the right to choose trial by jury but may be tried by magistrates

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