Criminal Courts

• 3 types of different criminal offence:

  1. Summary Offences
  2. Triable Either Way Offences
  3. Indictable Offences
• Summary Offences:

  • less serious
  • Magistrates Court for whole case
  • driving offences, criminal damage under £5000, Assault and Battery.
  • usually dealt with at first hearing (plea): Guilty = Magistrate sets the sentence, Not Guilty = date set for trial heard by Magistrates.
• Examples of summary offences:

  • speeding
  • parking ticket
  • driving without insurance
  • health and safety violations
  • assault (verbal)
• Triable Either Way Offences:

  • mid-range
  • Magistrates or Crown Court
  • Theft, s.47 ABH
  • Plea before venue and Model of Trial Hearings to decide which court
  • Magistrates can send to Crown for sentencing at any point
• Examples of Triable Either Way Offences:

  • theft
  • actual bodily harm (assault causing harm)
  • fraud
  • bigamy
  • burglary
  • criminal damage
• Indictable Offences:

  • most serious
  • Crown Court
  • murder, rape, robbery
  • Early Administrative Hearing at Magistrates Court
  • sent to Crown for trial and sentencing
• Examples of Indictable Offences:

  • murder
  • manslaughter
  • rape
  • robbery
• Pre-trial Procedures - is a set process that is followed for the trials of each different type of offence.
• Pre-Trial Procedures:

  1. Police Pass the case to the CPS who decide whether to prosecute based on two tests being passed.
  2. Every type of criminal offence has an Early Administrative Hearing.
  3. The next stage depends on the type of offence (summary/ triable either way/ indictable)
• jurisdiction = the right to hear a legal case
• the Magistrate's Court is the lowest court in the hierarchy, but it hears almost 97% of criminal cases
• the Crown Court deals with the most serious criminal cases
• Jurisdiction of the Magistrate's Court:

  • hear ALL summary offences
  • hear SOME triable either way offences
  • hear FIRST HEARINGS for indictable offences
  • hear trials in the Youth Court for those aged 10-17
  • deal with Ancillary matters for all offences
• Jurisdiction of the Crown Court:

  • they hear cases (trials and sentencing) for most serious triable either way offence and all indictable offence
  • they have unlimited sentencing powers
  • hear appeals from Magistrate's Court
• If defendant pleads not guilty, a trial will take place. In the Crown Court, the jury decide if the Defendant is guilty. All trials must allow the same exact process, to ensure fairness.