jurisdictions of the mag and crown courts

• what types of cases are heard at the magistrates court?

  summary offences
• when do they hear a TEW offence?

  When they feel they have the jurisdiction and D agrees to a summary trial
• what can the magistrates do if they don't feel they have the power to sentence the defendant?


  Refer the case to the Crown court
• What is the maximum sentence the magistrates can pass?

  6 months imprisonment and up to a £5000 fine
• What other matters do magistrates deal with?

  Ancillary maters including grant of bail, legal aid, grant of search/warrants and extensions to custody times.
• what do the magistrates hold before venue?

  Pre-trial plea
• What is the pre-trail plea?

  D states their name and address and pleas guilty or not guilty
• What happens if the defendant pleas guilty?

  Case proceeds to a sentence hearing, where the magistrates have the option to send it to the crown court
• what happens if the D pleas not guilty?

  Magistrates carry out the mode of trial
• what is the mode of trial?

  Where the magistrates decide on the most appropriate court to try the case

  :

  *their powers of sentencing

  *the seriousness of the crime

  *D previous convictions
• What happens if the magistrates feel they don't have the jurisdiction to hear the case?

  the case is sent to the Crown court for an indictable trial
• when does D have the choice of the criminal court?

  If the magistrates accept the summary jurisdiction but the magistrates can send it to the crow court
• What types of cases are heard in the crown courts?

  Triable either way and indictable cases
• What is the role of the judge and the jury in the crown court?

  Judge is in charge of the trial and make sure it if fair and clear.

  The jury listen to all the evidence and decide if the D id guilty
• what is the sentencing power of the crown courts?

  Unlimited