CRIMINAL COURTS AND APPEALS

• What are summary offences?

  Least serious offences

  Always tried in the magistrates’ court

  Includes common assault and criminal damage under £5,000
• What are triable-either-way offences?

  Middle range of offences

  Can be tried in either the magistrates or crown court

  Include theft and assault causing ABH

  If D pleads guilty, heard by Magistrates

  If D pleads not guilty, heard by Crown Court w jury

  Can be transferred to Crown court if the case is deemed serious enough
• What are indictable offences?

  Most serious crimes

  Preliminary hearing in the magistrates’ court, transferred to the crown court

  Include murder, manslaughter and rape
• What is the jurisdiction of the magistrates’ court?

  Summary offences: all

  Triable-either-way: preliminary hearings for crown court, cases that they accept jurisdiction of

  Indictable: preliminary hearings

  Side matters connected to cases, i.e. issuing warrants for arrest and deciding bail applications
• What is the jurisdiction of the crown court?

  Triable-either-way: where the defendant has chosen to be tried there or if the Magistrates decide the case is too serious.

  Hear all indictable offences

  Hear appeals from the magistrates’ court
• What is the pre-trial procedure for indictable offences?

  After an administrative hearing in the magistrates court, the case is immediately sent to the Crown Court to be dealt by a single circuit judge
• What is the pre-trial procedure for a triable-either-way offence?

  Magistrates ask D to plead guilty or not guilty

  A decision is made whether to hear the trial in the court or Crown Court
• What is the pre-trial procedure for a summary offence?

  Two periods at a trial.

  An adjournment of trial could be needed if: CPS requires more time to prepare, D is unprepared and want to engage w a solicitor, magistrates requires a pre-sentence report, or D pleads not guilty and wants to go to trial.
• What is a mode of trial?

  Deciding whether the case will be tried in the Magistrates or Crown Court

  Magistrates decide if the case is suitable under s19 of the Magistrates Court Act, i.e. complexity, breach of trust by D, crime committed by a gang
• What is a committal?

  When the magistrates find someone guilty of a crime but feel that their sentencing powers aren’t suitable. The case will be transferred to the Crown Court where a higher sentence can be imposed
• What happens if there is an appeal from the magistrates court?

  Appeals can be made against conviction or sentence.

  The appeal is made to the crown court where they can quash or confirm the conviction, increase or decrease the sentence, or even find the D guilty of another offence.

  A further appeal can be made to the court of appeal but they can’t increase the sentence and can order a retrial.
• What happens if there is an appeal on a point of law?

  Can be made to the King’s Bench Division of the High Court who may confirm or reverse the decision or send the case back to the Magistrates.

  The final possible appeal is to the Supreme Court but this is only for matters of national importance.
• What happens if there is an appeal from the Crown Court?

  Can be made against sentence or conviction to the Court of Appeal and on points of law in the King’s Bench Division of the High Court.

  Final possible appeal is to the Supreme Court if it involves a point of law of national importance.

  The powers are the same as that of appeals from the Magistrates Court.