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Criminal Courts/Categories of Offences (Crown Court (1 judge (legally…
Criminal Courts/Categories of Offences
Magistrates Court
most towns have a Mags
97% of criminal cases
from 1st hearing to very end (sentence)
do bulk of criminal work
summary and triable either way offences
6 months max. or a £5k fine max.
bench of 3
middle = chairman, 2 wingers
not legally qualified
clerk is
Crown Court
remaining 3%
less common
any triable either way and all indictable offences
often heart appeals
1 judge
legally qualified, must be a practicing lawyer first
has a jury, unless pled guilty
Categories of offences
summary offences
triable-either-way offences
goes for Mags for hearing, can be tried at either - D decides preference
indictable offences
not heard in Mags, too serious
Summary Offences
least serious offences
tried in the Magistrates Court
ex: driving offences, common assault, damage < £5k
Triable-Either-Way Offences
middle of the range type offences
Magistrates Court or Crown Court
ex. = theft, actual bodily harm
Indictable Offences
most serious offences
Crown Court (first hearing at Mags)
ex. = murder, manslaughter, robbery, rape
Pros/Cons of choosing Crown Court
Pros
higher rates of aquittal
judges more willing to advise juries to discharge
lawyers advice
juries are not case hardened (sees cases all the time)
Cons
case heard quicker
judges have greater sentencing power in Crown Court
more intimidating
more media coverage