magistrates' court

Cards (26)

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