chapter 2

• what are the two criminal courts?

  Magistrate's court

  Crown Court
• What happens if the accused pleads guilty?

  They will be sentenced
• What happens if the accused pleads not-guilty?

  There will be a trial
• Who has the burden of proof?

  The prosecutor has the burden of proof, they must prove the case to be beyond reasonable doubt.
• What is the role of the judge/magistrate in a criminal trial?

  To interpret and apply the law, ensure a fair trial, and make a final decision on the guilt or innocence of the defendant.
• In a magistrate's court, who decides guilt?

  A district judge or three lay magistrates
• In the crown court, who decides guilt?

  The jury.
• how many magistrate courts are there in england and wales?

  160
• who hears criminal cases?

  Magistrates who may either be legally qualified district judges or non-legally qualified lay magistrates who are also called Justices.
• What is the jurisdiction of the magistrate's courts?

  To try all summary cases

  To try any triable either way cases which can be dealt in the magistrate's court

  To deal with the first hearing of all indictable offences

  to deal with all preliminary matters connected to the criminal case, eg warrants.

  To try all cases in the youth court
• What is the age of the accused in the youth court?

  10-17 years old.
• How many locations of the crown court are there in england and wales?

  84 locations
• What types of cases does the crown court deal with?

  The crown court deals with all serious and indictable cases in addition to any cases sent from the magistrate's court.
• When does a judge sit alone in criminal cases?

  When the accused pleads guilty at the crown court
• what does a judge do if the accused pleads not guilty?

  Control the court

  rule on relevant issues of the law

  direct the jury on the law and relevant evidence

  impose a sentence if the accused/defendant are found guilty
• What do the crown prosecution service do?

  They initially advice the police on what needs to be done

  The lawyers that work for the crown prosecution service can also direct the police on what evidence is required and needs to be obtained. They also present the case and try and prove the case beyond reasonable doubt.
• who is the accused?

  The person who is being charged with a crime. They, and their lawyer, do not need to disprove the prosecution case but to cast sufficient doubt onto it.
• what is the jurisdiction of the crown court?

  Serious criminal cases, appeals from lower courts, triable either way offences sent for trial from the magistrate's court/.
• what is the maximum fine that can be given for a level 1 offence?

  £ 200
• What is the maximum fine for a level 2 offence?

  £ 500
• what is the maximum fine for level 3 offences?

  £ 1000
• what is the maximum fine for level 4 offences?

  £2,500
• What is the maximum fine for level 5 offences?

  There isnt one because fines can be unlimited.
• what are the procedures in court for a triable either way offence?

  If the magistrates feel that they are able to impose an adequate sentence, the accused can decide if they go to the crown court or stay in the magistrate court.

  The procedure is the same as that of a summary offence

  If the case is tried in the crown court, the trial will proceed in the same way that a indictable case is tried. As such, if the accused pleads or is found guilty, then the judge can impose any sentence up to the maximum for the offence.
• What are examples of summary offences?

  Driving while disqualified, common assault, being drunk and disorderly in a public place, theft from a shop if the value of the goods stolen is less than £ 200.#
• What are examples of triable either way offences?

  Assault causing actual bodily harm, or theft of property worth over £ 200
• what are examples of indicatable offences?

  Murder, man-slaughter, rape, drug trafficking
• In an indictable offence, what occurs during the preliminary hearing?

  If the defendant pleads not guilty, the jury will decide if they are guilty after hearing all of the evidence

  If the defendant pleads guilty, the judge will impose a sentence
• What is the maximum sentence a judge can impose for an indictable offence?

  It depends on the offence, but in most cases it is the life-sentence