the legal system 🌻 look at google docs and then powerpoint

• The Magistrates' Court deals with minor criminal offences, civil claims up to £10,000, family matters such as divorce and child contact disputes.
• Magistrates are volunteers who have received training from the judiciary.
• A judge is appointed by the Lord Chancellor on behalf of the monarch.
• There are three types of judges: High Court Judges , Circuit Judges, and District Judges.
• the highest court in english legal system is the supreme court
• police can detain someone suspected of a crime for up to 96 hours
• age of criminal responsibility in england and wales is 10 years old
• summary offences are less serious and are always tried in the magistrates court e.g. minor driving offences/ common assault
• triable either way offences are middle range e.g. theft/ assault occasioning ABH tried in either magistrates or Crown
• indictable offences are more serious crimes always tried in the crown court e.g. murder, manslaughter/ GBH with intent
• Powers of the Magistrates court:

  1. trials of all summary offences and most triable either way offences
  2. Mode of trial proceedings for either way offences
  3. sending for trial hearing in indictable cases
  4. youth court cases when defendant is aged 10-17 (unless murder, rape manslaughter etc.)
  5. Issuing arrest and search warrants
  6. Deciding bail
  7. can pass sentence up to year / £5000 fine
  8. serious offenders going to crown court
• Jurisdiction of the Crown Court:

  • serious cases/ indictable offences
  • sentencing from the magistrates court
  • can give longer sentencing and fines that magistrates
• Pre-trial procedures in summary offences:

  1. first hearing of every case is in the Magistrates court (issues for legal aid, bail etc.)
  2. D will be asked if they plead guilty or not guilty
  3. If they plead guilty the Magistrates will sentence
  4. If plead not guilty trial will take place and sentence passed if verdict is guilty
• Pre-trial procedures in indicatable offences:

  1. first hearing of every case is in the Magistrates court (issues for legal aid, bail etc.)
  2. Case is transferred to Crown Court
  3. s.51 Crime and Disorder Act 1998
• Pre-trial procedures in triable either way offences:

  1. first hearing of every case is in the Magistrates court (issues for legal aid, bail etc.)
  2. plead guilty/ not guilty- "plea before venue"
• If D pleads guilty in triable either way offence:

  1. Case heard in Magistrates
  2. Magistrates can sentence or can send sentencing to crown court if necessary
• reasons for appeals:

  1. Correct errors- gives the defendant a chance to have their case reviewed if they believe themselves to be innocent
  2. Develop the law- was only heard in the Magistrates court
  3. Ensure consistency- to ensure everyone in each court practices the law properly
• Appeals from the Magistrate's court:

  • appeal by defence on sentence or conviction- crown court (no further)
  • case- stated appeal by prosecution or defence- divisional court, then appeal on point of law of general public importance goes to supreme court
• criminal justice act 2003
• Arbitration act 1996
• sentencing act 2020
• Powers of the Magistrates Court:

  • All summary offences and most either way offences
  • Mode of trial hearings for indictable offences (deciding which court case will be heard in)
  • Sending for trial hearing in indictable cases
  • Youth court cases for D’s ages 10-17 (unless more serious cases like murder and rape)
  • Issuing arrest and search warrants
  • Deciding bail 

  Can sentence up to 6 months in prison, and £5,000 fines. 
• Powers of Crown Court:

  • Indictable offences and some either way are tried by a single judge and jury
  • Offenders appear at magistrates court for the first hearing then are transferred to crown court because magistrates don't have jurisdiction
• Triable either way offences:

  • Early administrative hearing includes bail and legal aid (government pays legal fees, more available for indictable offences)
  • Plea before venue: Defendant pleads guilty or not guilty
  • If guilty, magistrates decide if their sentencing powers are sufficient; if not, the case is sent to Crown Court for sentencing
  • If not guilty, at the mode of trial hearing, magistrates decide whether to accept jurisdiction
  • If they accept, the defendant elects the place of trial (Magistrates’ Courts or Crown Court)
  • If they refuse jurisdiction, the case is sent to Crown Court for trial
• Defence appeals from Magistrates to Crown Court can appeal against conviction (if they've pleaded not guilty) or against verdict/conviction, sentence, or both
• In the Crown Court, the whole case is reheard by a judge and two magistrates
• When appealing against conviction in the Crown Court, the outcome can be to confirm, vary, or acquit
• If appealing against sentence in the Crown Court, the sentence can be confirmed, increased (up to the magistrates' maximum), or decreased
• Alternatively, a case stated appeal can be made at the King’s Bench Divisional Court, which can only be against conviction on a point of law
• In the Crown Court, defence can appeal to the Court of Appeal against their conviction (if deemed unsafe) or against their sentence, needing permission from a COA judge
• The Court of Appeal can disallow or allow an appeal, potentially quashing a conviction, ordering a retrial, decreasing a sentence, or varying a conviction to a lesser offence, but cannot increase a sentence
• Prosecution can appeal to the Court of Appeal to quash an acquittal based on new compelling evidence, leading to a retrial
• Both defence and prosecution have the right to appeal from the King's Bench Division or Court of Appeal to the Supreme Court, requiring a point of law of public importance and permission to appeal
• Defence appeals from Magistrates to Crown Court can be made against conviction (if they've pleaded not guilty), verdict, conviction, sentence, or both
• In the Crown Court, the whole case is reheard by a judge and two magistrates, and decisions can confirm, vary, or acquit a conviction, as well as confirm, increase, or decrease a sentence
• Alternatively, appeals can go from Magistrates to the King's Bench Divisional Court, which can only be against conviction on a point of law
• In the Crown Court, defence can appeal to the Court of Appeal against their conviction (if unsafe) and/or against their sentence, needing permission from a Court of Appeal judge
• The Court of Appeal can disallow or allow appeals, leading to outcomes like quashing a conviction, ordering a retrial, decreasing a sentence, or varying a conviction to a lesser offence, but they cannot increase a sentence
• Prosecution can appeal to the Court of Appeal to quash an acquittal based on new compelling evidence, leading to a retrial being ordered
• Both defence and prosecution have the right to appeal from the King's Bench Division or Court of Appeal to the Supreme Court, requiring a point of law of public importance and permission to appeal