Criminal Courts

What court can summary offences be tried in?

Only in the magistrates court

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What court can triable either way offences be tried in?

can be tried in the magistrates court or court court

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What court can the indictable offences be tried in?

can be tried only in the crown court

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What are some summary offences?

Assault
Battery

Pointing a gun
Raising a fist
Touching without consent

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What are triable either way offences?

ABH
Section 20 wounding
GBH

Cutting off hair
slicing with knife

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What are indictable offences?

Section 18 wounding
GBH

Shot
Knife wound

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What happens in the magistrates court?

Hears all summary offences and triable either way offences where d has been elected by magistrates, trial conducted by 3 lay magistrates, magistrates decide if d is guilty or not and decide sentence, commit case to CC for sentencing if feel powers are ins

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What sentences and fines can the magistrates court give out?

up to 6 months imprisonment or 12 months if more than one offence
up to £5,000 fine

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What happens within the crown court?

Hears all indictable offences and triable either way offences where d is elected trial by jury or magistrates have declined to hear the case, trials conducted by judge and jury, jury decide if guilty or not guilty, judge will pass sentence, barristers rep

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What happens in the divisional court of the Queen's Bench?

hears case stated appeals from the magistrates court on point of law

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What happens in the court of appeal?

Hears appeals by defendant against conviction or sentence from the crown court, hears appeals from prosecution against an unduly lenient sentence, decides point of law

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What happens in a supreme court?

hears appeals from the Divisional court and crown court on points of law

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For pre-trail procedures where do the cases start?

All cases start in the Magistrates court for an Early Administrative Hearing (EAH)

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What do the Early Administrative Hearing deal with applications for?

legal aid, requesting medical reports and pre sentence reports, bail applications, plea before venue, more of trial proceedings and committal proceedings

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What act is granting bail given under?

Section 4 Bail Act 1976

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Presumption may be rebutted where there are substantial ground for believing what?

The defendant may fail to attend court, they may commit further offences while on bail, interfere with witnesses, otherwise obstruct the course of justice

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When can the court also refuse bail?

Can refuse if they believe that the defendant should be kept in custody for their own protection

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What will the court consider when deciding whether to grant bail or not?

the nature and seriousness of the offence, the character and previous record of defendant, community ties of the defendant, record in relation to keeping to previous bail obligations or the strength of evidence against him

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What happens in the plea before venue?

The d is asked whether they plead guilty or not guilty, if they plead guilty the magistrates may adjourn for sentencing or commit the case to the Crown Court for sentencing

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What happens in the mode of trial proceedings?

Triable either way offences where the defendant has pleaded not guilty will have mode of trial proceedings
Magistrates will decide if they have jurisdiction to head the case if so the defendant may choose whether to go to the Crown or Magistrates court f

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What happens in the committal proceedings?

Magistrates formally commit the case to the Crown Court, this is automatic for indictable offences under s.51 crime and disorder act, if triable either way this will occur if the defendant has elected crown court trial or the magistrates decide they do no

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Criminal Courts

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