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English Lega; System 2 - Coggle Diagram
English Lega; System 2
Summary Offences
Minor offences that may only be tried in the Magistrates court
Either Way Offences
May be tried in either the Magistrates or the Crown court
Indictable Offences
Most serious offence and must be tried in the Crown Court
Magistrates Court
Hear all summary offences
Decide which court should hear a TEW
Hear those TEW that are not transferred to the Crown Court
Transfer all indictable offences to the Crown Court by way of 'committal'
Issue arrest and search warrents
Grant bail
Crown Court
Hear all indictable cases
Hear all TEWs transferred by the Magistrates
Sentence in cases where Magistrates decided they could not give a severe enough sentence
Hear all appeals from the Magistrates Court against convictions and/or sentencing
Appeals to the Crown Court
Heard by the Crown Court judge and two Magistrates who may
Appeals from the Magistrates Court
To the Crown Court
Appeals by the way of case stated
Further appeal to the Supreme court
Burden of Proof (criminal)
For the prosecution to prove the D committed the guilty act with the guilty mind
Not up to the D to prove his innocence
Standard of Proof
Must satisfy the Magistrates or jury 'beyond reasonable doubt' that the D is guilty
No logical explanation other than D's guilt
Summary Offence Procedure
Police complete investigation
CPS decide if there is enough evidence to prosecute
First hearing - Magistrates decide on bail and legal aid
Police can charge but most summary offences will be issued by a Magistrates Court summons
Either way Procedure
Plea before venue
If D pleads guilty then its dealt with my Magistrates if they have sufficient power
If plea is not guilty then mode of trial hearing
Mode of Trial Hearing
The case proceeds the Magistrates convict the D and sentence
The case proceeds the Magistrates convict the D but send to the Crown court for sentencing
The Magistrates decide the case is too serious and transfer it to the Crown Court
Indictable Offence Procedure
Magistrates transfer case to Crown Court
Trial date will be fixed and the judge if asked may indicate a likely sentence if the D is found guilty
D may plead guilty and then be sentenced by the Crown Court Judge
If D pleads not guilty the judge will be told about -
Exhibits
Relevant Documents
Points of law in dispute
The estimated length of the trial
Defendants Choice
If Magistrates decide to hear the case D still has a choice to be tried by jury in the Crown Court
Before making choice D is entitled to see advanced information
Advanced Information
CPS evidence
Appeal by way of case
May confirm, vary or reverse the Magistrates decision
Send the case back to Magistrates for the Magistrates to apply the law as decided on the appeal
Further Appeals to the Supreme Court
The High Court certifies a point of law of public importance is involved
The High Court give permission to appeal
Appeals from the Crown Court
By the Defendant
By the CPS
Appeals by the Defendant
D has obtain leave to appeal;
Shall be allowed if conviction is unsafe
New evidence must be capable of belief and explained why not produced at the original trial
The CoA may -
Allow the appeal
Deny the appeal
Vary the sentence or conviction
Send the case back for retrial before a new jury