criminal courts criminal courts and lay people © the law bank the criminal courts and lay people...
TRANSCRIPT
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 1
The Criminal Courts and Lay People
The Outline of Criminal Courts
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 2
Objectives• Identify key terms and phrases required in the
study of the unit
• Describe the key features of and draw a diagram of both the Magistrates and Crown court structure
• Explain the jurisdiction of each court
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 3
Try and identify what these key terms mean
• Summary Offences• Either Way Offences• Indictable Offences• Bail• Appeal• Judge• Jury• Magistrate• Crown Court• Magistrates Court• Arbiter of Fact • Arbiter of Law
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 4
Summary Offences
• A less serious offence than indictable offences. Both the
procedure and punishment tends to be less onerous. The trial for
a summary offence takes place in a Magistrates’ Court. Many
offences, particularly motoring offences are summary only
offences and can never be tried elsewhere.
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 5
Indictable Offences
• Offences which can only be tried in the Crown Court (e.g. robbery and
aggravated burglary), therefore is more serious than those which can
proceed by summary trial in a Magistrates Court. This is the equivalent to
the old term “felony” (still used in the USA). Murder and treason are
examples of crimes which would be tried on indictment, and are therefore
indictable offences. Other indictable offences are also tried in the Crown
Court.
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 6
Either-Way Offences
• Offences that can be tried either in the magistrates’ court or the Crown
Court (e.g. theft and possession of drugs).
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 7
Bail
• A commitment made (and possibly secured by property for example a
passport) to secure the release of a person being held in custody and
suspected of a crime, to provide some kind of guarantee that the suspect
will appear to answer the charges at some later date.
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 8
Appeal
• To ask a more senior court or person to review a decision of a
subordinate court, body or person. In the UK the highest court of appeal
is the Supreme Court.
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 9
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 10
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 11
Magistrates Courts Jurisdiction
• Trying summary offences and the majority of triable either-way offences (97% of all trials)
• Mode of trial proceedings• Sentencing committals• Early admin hearings for Indictable offences• Youth Court cases where D is aged 10 – 17• Matters connected with criminal cases –
warrants and bail
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 12
Crown Courts Jurisdiction• The Crown Court deals exclusively with serious criminal cases. • The work includes trying indictable offences, some either way offences,
sentencing from Magistrates Court (usually because the magistrates' sentencing powers are limited), and appeals from the Magistrates' Court against conviction or sentence.
• Appeals from the Crown Court go to the Court of Appeal (Criminal Division) on misdirection of law or facts, failure to refer to a defence, inappropriate comments by the judge, or jury irregularity.
• The Court of Appeal will allow an appeal (and possibly order a new trial) if it considers the conviction unsafe.
• Where the Court of Appeal quashes a conviction on a point of law and the verdict of the jury shows that it was satisfied that some other offence had been committed, the Court of Appeal may substitute a conviction for that other offence.
Criminal CourtsCriminal Courts and Lay People
© The Law Bank 13
Objectives• Identify key terms and phrases required in the
study of the unit
• Describe the key features of and draw a diagram of both the Magistrates and Crown court structure
• Explain the jurisdiction of each court