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Flashcards in Criminal Courts And Lay People Deck (16):
1

What offences are tried in the magistrates court?

- Summary offences
- Either way offences

2

What offences are tried in the Crown Court?

- Indictable offences
- Either way offences

3

Who sets bail?

The Magistrates

4

What are indictable offences?

- s18 Offences Against the Person Act
- Murder
- Rape

5

What are Either Way offences?

- s47 OAPA - ABH
- s20 OAPA - GBH

They can start in either court for eg. Theft

6

What is a Summary offence?

- Assault
- Battery

Least serious offences

7

What is an appeal?

Where the defendant challenges a conviction and the case is retried

8

When will an appeal go from the Crown Court to the Court of Appeal?

- When the conviction is considered as 'unsafe'
- Misdirection of the law or facts
- Failure to refer a defence
- Inappropriate comments by the judge
- Jury irregularities

9

What are Magistrates also known as?

Justices of the peace (JOP's)

10

How many Magistrates are in England and Wales?

Just under 29,000

11

What is the gender split of Magistrates?

50/50. Roughly equal

12

Are Magistrates full-time or part-time

All Magistrates are Part-Time

13

How many days must Magistrates sit for?

26 half days a year

14

What are the 6 personal qualities a Magistrate must possess?

- To be of good character
- To have understanding and communication
- To have social awareness
- To be mature and of sound temperament
- Being of good judgement
- Having commitment and reliability

15

How many magistrates sit to a bench?

3: - a chairman and two wingmen

16

What is the second requirement of a magistrate?

- The willingness to take the oath of allegiance
- To be aged between 18-65