Introduction

Question 1

What is the process once a crime is alleged to have occurred?

Answer 1

1. A crime is alleged.
2. The individual may be arrested, detained, and interviewed.
3. If sufficient evidence exists, they may be charged or served with a written charge and requisition by the Magistrates’ Court.
4. At the first hearing:

• If the plea is guilty, the court proceeds to sentence.
• If the plea is not guilty, a trial takes place.

If found guilty, the defendant is sentenced.

If found not guilty, the defendant is acquitted.

5. Following sentencing, the defendant may appeal.

Question 2

What are summary offences and how are they tried and sentenced?

Answer 2

Summary offences include minor crimes such as common assault and criminal damage (depending on value).

Tried only in the Magistrates’ Court.

Maximum sentence: 6 months imprisonment (or 12 months for multiple either-way offences) and/or a £5,000 fine.

Question 3

What are indictable-only offences and how are they handled?

Answer 3

These are the most serious offences (e.g. murder, manslaughter, GBH with intent, robbery).

Tried only in the Crown Court before a judge and jury.

Maximum sentence determined by statute.

Question 4

What are either-way offences and how is jurisdiction determined?

Answer 4

These offences can be tried in either the Magistrates’ or Crown Court (e.g. theft, ABH).

Magistrates first decide if they have sufficient sentencing powers.

• If yes, defendant can choose Magistrates’ or Crown Court.
• If no, the case is sent to Crown Court, removing the defendant’s choice.

Question 5

Do the classifications of offences apply to youths?

Answer 5

No. For youths, it is the potential sentence that determines the court rather than the offence classification.

Question 6

What are the purposes of sentencing

Answer 6

The court must have regard to the following five purposes when sentencing adults:
(a) Punishment of offenders
(b) Reduction of crime (including deterrence)
(c) Reform and rehabilitation of offenders
(d) Protection of the public
(e) Reparation by offenders to victims

Question 7

What is the standard and burden of proof in criminal law?

Answer 7

Burden of proof is on the prosecution.

Must prove the defendant’s guilt beyond reasonable doubt