criminal courts

• classification of offences

  summary

  triable either way

  indictable
• summary offences

  least serious

  tried in mags court

  includes driving offences

  if guilty - mags will sentence

  if not guilty - then trial will occur

  sentences include - fines, 6 months, community orders
• triable either way

  middle range crimes

  tried in either mags or crown court

  include theft, ABH

  sentences include - fines, community order, custodial sentences
• indictable


  most serious e.g murder - manslaughter - rape

  first hearing at mags then transferred to crown

  all indictable offences to be heard at crown by a judge and a jury

  sentences include - unlimited fines and up to life in prison
• Mags court

  deals with all summary offences and some TEW

  cases heard by lay mags sitting as a bench of 3

  sometimes a district judge will sit alone to hear cases

  a legally qualified clerk will help magistrates and assist them

  the maximum sentence that a mags court can give is 6 months for one offence and 12 months for 2 offences
• crown court

  hears some TEW and all indictable offences

  they hear appeals from mags court and will be heard by a judge

  if D pleads guilty in the crown court then a judge decides what sentence to give

  If D pleads not guilty then a trial will be held in front of a judge and in front of a jury of 12 who will decide innocence or guilt
• pre trial procedures - first hearing of all criminal cases at the mags court
• pre trial procedures for summary offences

  • aim is to complete case at earliest possible hearing
  • where D pleads guilty and is either already legally represented or doesnt want representation
  • many driving offences can be dealt with at first hearing - D can plead guilty by post so court attendance not necessary
• pre trial procedure for TEW offences

  decides where the case will be tried

  plea before venue - D is asked if they plead guilty or not
• Mode of trial

  if D pleads not guilty then the mags court will carry out mode of trial to decide if case will be tried in mags or crown court

  The mags decide if case is suitable for trial in the mags court and if they are prepared to accept the jurisdiction
• pre trial procedure for indictable offences

  first hearing is at the mags court - deals with issues such as if the D wants to apply for legal aid

  all indictable offences are then sent to the crown court immediately
• appeals and appellate courts

  D can appeal against conviction and/or sentence in any criminal cases
• two types of appeal from mags court

  • appeals to crown court - only for defence
  • case stated appeals - goes to administrative court - for both pros and defence
• appeals from the CC - appeals by D

  • d can appeal against conviction or sentence
  • d must get leave to appeal from CofA
  • coa can quash or vary conviction or dismiss appea
  • sentence may be reduced on appeal not increased
• appeals from CC - appeals by Pros - limited rights

  • can appeal against a judge ruling
  • can appeal against acquittal by jury where they were bribed
  • can appeal against sentence - can apply for leave to refer for lenient sentence and get harsher sentence
• appeal to the UK supreme court

  further appeal to UK SC

  leave to appeal required from CoA or SC

  appeal must involve a point of law or public importance

  available to both pros and defence