Criminal Courts

Classification of Offences.

• Triable Either Way - Middle Range of Crimes
• Theft, ABH, Burglary
• Guilty plea = heard in magistrates
• Magistrates can send the case to Crown Court for sentencing
• Not guilty = Mode of trail, accept or deny the jurisdiction.
• If they accept the jurisdiction, D can chose trail by jury or magistrates
  
• Summary Offences - Least Serious
• Driving offences, criminal damage under £5,000
  
• Indictable - Most Serious Crimes
• Murder, Manslaughter, ****, Robbery.
• First administrative hearing in Magistrates
• Transferred to Crown Court
• Jury listen to evidence and jurdge decides verdict.

Magistrates Court -

• Tries all summary and any triable either way cases accepted.
• 90% of defendents plead guilty.
• Three magistrates decide the verdict and sentence.
• Maximum of 12 months imprisonment.
• transfers indictable offences to Crown Court.
• 

Crown Court -

• Tries all indictable cases and those triable either way sent to Crown Court
• Jury decides the verdict and Judge decides the sentence

Magistrates Court -

• Trials are quicker and cheaper.
• Less publicity.
• Lesser sentences, but can be sent to crown court for sentencing.
• greater chance of convictions.
• 

Crown Court -

• Trials take longer and are more expensive
• greater chance of acquittal
• better legal representation.
• if convicted, more likely to get a higher sentence.

Magistrates Court-

• Dealt with more quickly
• lower penalties
• less publicity
• less daunting than the crown court
• but much higher chance of being convicted (80%)
• 

Crown Court -

• Lower conviction rate ( 40%)
• Juries less case hardened, believe D
• Legal funding for representation
• Better advocates
• Long wait for a trail and penalties are higher