chapter 2

• what are the three categories of offence, and which are the least/most serious?

  Summary (least serious)

  Triable either way

  Indictable (Most serious)
• WHat are the two criminal courts?

  Crown and magistrates
• Where are summary offence trials held?

  In the magistrates court
• What are examples of summary offences?

  Assault and battery
• Where are triable either way offence trials held?

  In either the magistrate or crown court
• What are examples of triable either way offences?

  theft, Actual Bodily Harm (ABH)
• Where are indicitable offence trials held?

  The crown court
• What are examples of indictable offences?

  Murder and manslaughter
• What happens during the pre-trial hearing?

  this is where the D first appears at the court to decide basic issues like offence, plead, witneses, legal aid and date of next hearing
• What happens in a trial?

  Where the Defendant pleads not guilty, there is a hearing for the prosecution to prove to the magistrates or jury that the defendant did the crime beyond reasonable doubt
• Where do trials only take place?

  Crown or Magistrate's court
• What happens in an appeal?

  Both the defendant and prosecution have certain rights to challenge a decision in a criminal trial.
• What are the three reasons for appeal in the criminal court?

  Conviction, sentence or there is a point of law
• What is the criminal jurisdiction of the magistrate's court?

  All summary offences, and some triable either way cases.

  Youth offences

  bails and warrants
• What is the maximum prison sentence that can be given for one offence in the magistrate court?

  6 months
• Why is the magistrate's court named as the busiest court?

  It deals with approx 97% of all criminal cases
• for which type of offence are mode of trial hearing done?

  Triable either way cases
• What is the purpose of mode of trial hearings?

  To decide which court should deal with the case
• What factors are discusses in a mode of trial hearing?


  Nature of crime

  Seriousness of crime

  The sentencing power of either courts

  If there is a complex issue of fact or law

  Breach of trust

  Organised crime

  Value of crime (if it is worth over £ 10000)
• what is the jurisdiction of the crown court?

  all indictable cases

  Some trial either way cases

  Appeals from the magistrate court from the defendant only
• who decides on a verdict and the sentence in the crown court?

  The jury decides the verdict, and the sentence is passed by the judge
• What types of judge are present in the crown court?

  High court, or circuit judges.
• In a class 1 offence, who hears the trial/hearing?

  A high court judge
• What are examples of class 1 offences?

  Murder and some terrorism offences
• What are examples of class 4 offences?

  Theft, fraud, assault causing bodily harm, and possession of a controlled substance
• who hears class 4 offences?

  A circuit judge.
• In a criminal court, what happens during the first hearing?

  The clerk checks the D's name, address and plea. Should the D plead guilty (90% of the time they do) the decision for funding is made, and the case will proceed to sentencing. If the D pleads not guilty, the judge or magistrates will set a date for trial.
• In a triable either way offence, what happens during a plea before venue?

  If the D pleads guilty, the case is heard by magistrates and moves to sentencing. If the D pleads not guilty, a mode of trial hearing is held to determine which court hears the case.
• What happens during a plea and trial prep hearing?

  It takes place in the crown court very soon after being sent from the Magistrate's court. It involves the d entering a plea, setting date for the trial, identifying issues for the trial, setting a timetable for pre-trial preparation, provisions for further case managements are made too.
• How is an indictment presented?

  It presented as a document. It lays out charges and evidence points, for any and all charges.
• what is meant by disclosure by prosecution and defence?

  Where the prosecution must set out lay out the evidence that they will be using in the trial, including any material that can undermine their case. The defence must issue a statement that includes the D's defence, factual points that they disagree with and any point of law that they want to argue in addition to alibis and witnesses that support that.
• What is the max custodial sentence for ABH?

  5 years
• What guidlines do magistrates and judges follow for sentencing?

  Magistrates follow their own guidelines, but judges consider the sentencing act of 2020 and appeal guidelines
• What are the aims of sentencing?

  retribution, deterrence, reform, public protection, reparation
• what is the main idea of retribution?

  Its based on the idea that the offender needs punishing for their conduct.
• Which legislation says that a crime must have a proportionate punishment?

  Criminal justict act 2003
• What is the main aim of deterrence in sentencing?

  Deterrence is concerned with the preventing the commision of future crimes.
• What is individual deterremce?

  It is the aim to deter the particular offender from committting further crimes
• What is general deterrence?

  The aim is to deter potential law breakers from committing crimes.
• how is general deterrence carried out?

  Through the threat of punishment. This is also in addition to exemplary sentences. The court punishes the offender in order to show to the general public what is likely to happen when people behave as the defendant did.