criminal courts and sentencing

• what is meant by the jurisdiction of a court?

  The capacity to hear a particular case
• WHat is a court of first instance?

  Courts that hear cases for the first time
• What is a pretrial hearing?


  this is when the D first appears at the court to decide basic issues such as what offence they are charged with, whether they plead guilty or not guilty, the calling ofwitnesses for the P or D, whether the D needs financial help with legal representation (called legal aid) and the date and place for the next hearing.
• What is a trial?

  Where the D pleads not guilty there must be a hearing so the P prove to the Magistrates or jury that the D has committed the crime beyond reasonable doubt. Trials only take place in the Magistrates’ and Crown Court
• what is an appeal?

  Both the prosecution and defence have certain rightsto challenge a decision in a criminal trial. There are3 main reasons either party might challenge thedecision in the trial, conviction, sentence or Point ofLaw.
• what is the busiest court, and why?

  The magistrate's court, it deals with 97 % of the criminal cases
• what is dealt within the Magistrate's case?

  All summary and some Triable Either way cases

  Mode of trial hearingCommittal proceedingsYouth CourtBail and Warrants
• What is the magistrate's court's jurisdiction in terms of sentencing?

  6 months in custody for one offence
• What is a mode of trial hearing?

  If the Defendant pleads not guilty then the Magistrates willconduct a mode of trial hearing, this is to decide whetherthe case should be heard in the Magistrates or Crowncourt.
• What type of offences are mode of trial hearings used in exclusively?

  Triable either way offences
• What factors are considered by magistrates in a mode of trial hearing?

  Breach of trust

  Organised crime

  If the amount involved is more than £ 10,000

  Sentencing powers

  Nature and seriousness of the offence
• Why do defendants (when given the choice) choose to be heard in the crown court?

  There is a 35 % chance in acquittal compared to 20 % in the magistrate's court
• in a summary offence, what occurs in the first hearing?

  The clerk checks the D’s name andaddress and takes the plea. Over 90% of D’splead guilty so a decision will be made aboutwhether or not D gets funding and then theMagistrates will proceed to sentencing. If Dpleads guilty then after Magistrates havediscovered the issues a date is set for the trial.
• in triable either away offence, what is the plea before venue?

  If D pleads guilty, the case is heardby Magistrates, and moves to sentencing. If D pleads notguilty then a mode of trial hearing is held to determinewhich court will hear the case.
• In an indictable offence, what happens in the first hearing?

  in the Magistrates Court who dealwith establishing D’s identity, Bail, funding. Allfurther pre-trial matters are dealt with in the CrownCourt.
• In an indictable offence, what occurs in a plea and trial preparation hearing?

  It takes place in the Crown Court very soon after the defendant is sent there from the Magistrates Court. It involves the Defendant entering a plea. Setting a date for the trial, identify any issues for the trial, set a timetable for pre-trial prep, make provision for and Further CaseManagement Hearing.
• What is meant by the indictment?

  This is document prepared beforethe trial that formally sets out the charges against theD. The indictment can include any further charges thatthe evidence points towards and can include severalcharges if needed.