Criminal courts and appeals

• Summary Offences


  The least serious offences
• Summary Offences


  • Always tried in the Magistrates' Court
  • Include nearly all driving offences, criminal damage, Common assault
• Triable Either Way Offences

  • Offences that can be tried in either the Magistrates Court or in the Crown Court
  • Offences which are capable of varying in seriousness
• Triable Either Way Offences

  • Theft
  • Burglary
  • Assault occasioning actual bodily harm (ABH)
• Indictable Offences


  • The most serious crimes
  • Must be tried at the Crown Court
• Indictable Offences


  • Murder
  • Manslaughter
  • Robbery
  • Grievous Bodily Harm (GBH)
• Role of the court if defendant pleads not guilty


  To hear the case and decide the verdict
• Role of the court if defendant pleads guilty or is found guilty


  To decide the sentence
• Procedure for Triable Either Way Cases

  1. Plea before venue hearing

  2. Mode of trial hearing

  3. Magistrates decide whether or not to accept jurisdiction

  4. If sufficient will sentence, if not will send to Crown Court for sentencing

  5. Defendant chooses place of trial
• Appeal


  Where the defence or prosecution ask a higher court to review the decision of a lower court
• Defence


  • Lawyers representing the defendant, aiming for a not guilty verdict
• Prosecution


  • Lawyers representing the victim, aiming for a guilty verdict
• King's Bench Division


  1. Prosecution and defence

  2. Conviction only

  3. Case-stated appeal

  4. Mistake about the law

  5. Confirm, reverse, vary or remit
• Crown Court


  1. Defence only

  2. Automatic right

  3. Conviction/Sentence

  4. Case reheard by a judge and two magistrates

  5. Confirm, reverse or vary conviction

  6. Sentence may stay same or increase/decrease
• Magistrates Court


  1. Conviction only

  2. Case-stated appeal

  3. Mistake about the law

  4. Confirm, reverse, vary or remit