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magistrates' court
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Created by
sophie davis
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Cards (26)
What is the lowest court in the court hierarchy?
Magistrates court
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What type of hearings start in the magistrates court?
Early
administrative
or
plea
+
case management
hearings
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What types of crimes does the magistrates court deal with?
Less serious
crimes
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What is the maximum custodial sentence magistrates can grant?
year
custodial sentence
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What is the maximum fine magistrates can impose?
£5000
fines
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Who hears cases in the magistrates court?
3 magistrates or a
district judge
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What type of crimes does the crown court deal with?
More
serious crimes
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Who hears cases in the crown court?
A
judge
in the presence of a
jury
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What can the crown court do regarding appeals?
Listen to appeals from the
magistrates’
court
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What are the classifications of offences in the court system?
Summary
Triable either way
Indictable
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What are summary offences?
The least
serious
crimes
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Where are summary offences always heard?
In the
magistrates’ court
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What is the process for summary offences?
Early administrative hearing at
magistrates’ court
Determine bail or
remand status
Legal funding provisions
Pre-sentence reports
Plead guilty = sentencing at magistrates’ court
Plead not guilty =
summary trial
at magistrates’ court
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What happens if a defendant pleads guilty in a summary offence?
Sentencing occurs at
magistrates’ court
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What happens if a defendant pleads not guilty in a summary offence?
A summary trial occurs at
magistrates’ court
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What are triable either way offences?
Middle-level
crimes heard in either court
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What determines where triable either way offences are heard?
The
defendant's
choice
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What is the process for triable either way offences?
Plea and case management hearing at
magistrates’ court
Defendant
enters
plea
Plead guilty =
summary trial
at magistrates’ court
Plead not guilty = choice of court unless
too serious
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What happens if a defendant pleads guilty in a triable either way offence?
Sentencing occurs at
magistrates’ court
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What happens if a defendant pleads not guilty in a triable either way offence?
Defendant
can
choose
court
unless
too
serious
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What are indictable offences?
The most
serious
crimes
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Where are indictable offences always heard?
In a
crown court
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What is the process for indictable offences?
Early administrative hearing at
magistrates’ court
Case sent to
crown court
via
committal proceedings
Plead guilty = sentencing at crown court
Plead not guilty = jury trial at crown court
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What does the Crime + Disorder Act 1998 stipulate for indictable offences?
Magistrates must send the case to
crown court
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What happens if a defendant pleads guilty in an indictable offence?
Sentencing occurs at
crown court
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What happens if a defendant pleads not guilty in an indictable offence?
A jury trial occurs at
crown court
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