court

Cards (57)

  • summary offences and either-way-offences are heard in magistrate's courts
  • magistrates and legal advisers sit in a magistrate's court
  • a magistrate decides guilt and sentencing
  • a magistrate can sentence up to 12 months in prison, give an unlimited amount of fine and community service
  • a summary offence is the least harmful offences
  • examples of summary offences include common assault and battery
  • an either-way-offence is an offence which can be heard in both crown courts and magistrate courts.
  • Examples of either-way-offences include burglary and drug offences
  • indictable and either-way-offences are heard in crown courts
  • Examples of indictable offences include murder, manslaughter and rape
  • A Jury and Judge sit in a Crown Court
  • An appeal is first heard in a magistrate's court, crown court, court of appeal (criminal division) and then the Supreme court
  • leapfrog is when an appeal is heard straight to the supreme court
  • A Judge can give out life-long prison sentences and community services
  • A court of first instance is where the case is first heard
  • if you don't appear in court when granted a bail, you will go to jail
  • You can stop your appeal from hearing in a crown court by giving a notice of abandonment of appeal
  • You can appeal against your sentence if you plead guilty and the convicition of your sentence if you plead not guilty
  • The final court of appeal is called the Supreme Court
  • Indictable and either-way offences are heard in Crown Courts.
  • Magistrates in the Magistrates' Court can order a defendant to perform community service as part of their sentence.
  • Magistrates in the Magistrates' Court can impose an unlimited fine on a defendant.
  • Magistrates in the Magistrates' Court can sentence a defendant to a maximum of 12 months in prison.
  • The main trial courts used in criminal law are Magistrates' Court (lowest) and Crown Court (highest trial court and hears appeals from the Magistrates' Court).
  • The main trial courts used by criminal law are Magistrates' Court (lowest) and Crown Court (highest trial court and hears appeals from the Magistrates' Court).
  • The main trial court used in criminal law is the Magistrates' Court, where magistrates decide guilt and sentence.
  • The maximum sentence that a magistrate can impose in the Magistrates' Court is 12 months in prison.
  • The Crown Court is the highest trial court for criminal cases and hears appeals from the Magistrates' Court.
  • A magistrate in the Magistrates' Court can also give an unlimited fine as part of the sentence.
  • Community service can be ordered by a magistrate in the Magistrates' Court as a form of punishment.
  • Crown Courts are a court of first instance as well as an Appeal Court meaning they can hear appeals from the magistrates Courts
  • Crown Courts have a jury that decide whether the defendant is guilty or not guilty
  • Powers of Criminal Courts (Sentencing) Act 2000
  • Powers of Criminal Courts (Sentencing) Act 2000 - Crown Court has unlimited sentencing powers
  • More likely to be acquitted or the judge discharging the case due to lack of witnesses/evidence - advantage to crown court
  • More likely to receive legal aid, therefore the state pays - advantage to crown court
  • Experienced and certified advocate for D in Court - advantage to crown court
  • If remanded in custody awaiting trial this will form part of a custodial sentence - advantage to crown court
  • Around 15% of cases tried in the Magistrates Court where D Pleaded NOT guilty led to an acquittal.
  • Costs are much greater in Crown Court (if D is not entitled to legal aid) - disadvantage to crown court