summary offences and either-way-offences are heard in magistrate's courts
magistrates and legaladvisers 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 CriminalCourts (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