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The Criminal Courts: - Coggle Diagram
The Criminal Courts:
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Crown court:
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It will hear “indictable only” offences. These can only be tried in the Crown Court, because they are too serious for the sentencing powers of the Magistrates.
Note that these cases still begin in the Magistrates' Court, however. The magistrates will generally decide whether to grant the defendant bail, consider other procedural issues such as reporting restrictions, and then pass the case on to the Crown Court for trial.
In addition, the Crown Court will hear ‘either way’ offences, transferred to it from the Magistrates’ Court.
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The Crown Court is administered by an executive agency of the Ministry of Justice, HM Courts and Tribunals Service, and it sits in approximately 80 locations in England and Wales. The most well-known is the Central Criminal Court in London, the ‘Old Bailey’.
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Guilty or not guilty:
Every defendant has a choice whether to plead guilty (admit the offence) or not guilty (deny the offence).
If the Defendant pleads not guilty, the case will go on to a trial. The court's decision in criminal proceedings at first instance (i.e. at trial) is called a 'verdict’. It will be either 'guilty' or 'not guilty’.
If the defendant is found guilty, the court will go on to impose a 'sentence'. This might be imprisonment, or a lesser form of punishment, such as a fine.
If the Defendant pleads guilty, the court will go on to sentence.
Once the Defendant has pleaded guilty, they are treated as being convicted of the offence, and cannot appeal that conviction. They can, however, apply to "vacate" their plea if, for example, they change their minds.
The magistrates court:
The Magistrates' Court is the lowest level of court in the hierarchy of criminal courts. Virtually all criminal cases start in the Magistrates' Court, and around 95% will end there.
The Court tries all summary criminal offences (minor offences) and some triable either way offences (mid-range offences which can be tried in either a magistrates' court or Crown Court). The Magistrates also have some civil jurisdiction.
The Magistrates have the power to impose an unlimited fine and/or impose a maximum prison sentence of six months for a single offence.
Where the Magistrates do not dispose of a case, either because they do not have the power to impose a higher sentence or because the offence is one triable either way and a Crown Court trial is thought more appropriate, they will commit the defendant to the Crown Court either for sentence or trial, as the case may be.
The Magistrates' Court does not create precedent, but it is bound by the Administrative Court, the Court of Appeal and the Supreme Court.
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The parties:
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The body that initiates criminal proceedings in England and Wales is the Crown Prosecution Service (CPS). This is independent from the police and any other investigative authorities.
Prosecutions can also be started by other governmental agencies in specific situations, for instance the Health and Safety Executive or the Environment Agency. It is also possible for prosecutions to be launched at a local government level, for example for minor environmental offences such as fly tipping, blocking the highway, or failure to comply with an enforcement notice.
Defendants to criminal proceedings can be individuals, or 'legal persons' such as companies.
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