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criminal courts and lay people - Coggle Diagram
criminal courts and lay people
two courts of criminal cases: MAGISTRATES' COURT + CROWN COURT
if a defendant pleads guilty to the charge against them, they will receive a sentence
the burden of proof is on the prosecution who must prove 'beyond reasonable doubt'
where the accused pleads not guilty, there will be a trial to decide if they are guilty or not
role of the judge or magistrates is to see if legal rules are followed correctly
the judge or magistrates cannot investigate the case, nor ask to see additional witnesses
guilt will be decided by: a District Judge/lay magistrates in the Magistrates' Court, a jury in the Crown Court
if a guilty verdict is reached, a sentence will be imposed
TRIABLE EITHER WAY OFFENCES
tried either in Magistrates' Court and Crown Court
if in Magistrates' Court, the procedure is the same as for trial in a summary offence
if in Crown Court, the trial will proceed in the same way as an indictable offence
if the defendant pleads or is found guilty, the judge can impose any sentence up to the maximum of that offence
triable either way offences include assault causing actual bodily harm and theft of property over $200
the only difference is that, if the defendant pleads guilty or not guilty or is found guilty, the magistrates have the power to send the defendant to the Crown Court for sentencing
the magistrates can only do this is they think that they cannot impose an adequate sentence
plea before venue:
the defendant is asked to plea
if plea is guilty, matter is automatically heard by the Magistrates' Court and a sentencing hearing will take place in the same way as with summary offences
if plea is not guilty, magistrates decide where case will be tried and a Mode of trial procedure takes place
defendant has no right to request a hearing at the Crown Court but the case can be sent there by the magistrates if they consider they have insufficient sentencing powers
mode of trial:
this procedure is to decide the most appropriate court for the case to be dealt with
magistrates decide if the case is suitable for Magistrates' Court and whether they are prepared to accept jurisdiction
must consider nature and seriousness of offence, their powers of punishment and any representation of the prosecution and defence
if the case involves complex questions of law, breach of trust or offences committed by organised gangs, it should be sent to the Crown Court
if the case is referred to the Crown Court, or the defendant chooses trial there, all pre-trial matters are dealt with by the Crown Court
SUMMARY OFFENCES
less serious offences in Magistrates' Court
first hearing: the clerk of the court will check the defendant's details and take the plea of guilty or not guilty
whether or not the defendant has legal representation, the magistrates will proceed to consider a sentence if the defendant has pleaded guilty
a sentencing hearing will hear the brief facts of the offence from the prosecution and any statements the defendant will then decide on and announce their sentence
if the defendant pleads not guilty, the magistrates will try to discover the issues involved and then set a date for the trial
e.g. driving while being disqualified, common assault, being drunk and disorderly in a public place and theft from a shop where the value of the goods stolen is less than $200
INDICTABLE OFFENCE
these are the most serious offences and can only be tried in the Crown Court
first hearing:
in Magistrates' Court after defendant charged
magistrates deal with establishing defendant's identity, whether bail or custody should be ordered, whether the defendant should receive legal aid for representation
all further pre-trial matters then dealt with in Crown Court, by a Crown Judge sitting alone
the first preliminary hearing to establish the defendant's identity will take place in the Magistrate's Court
if the defendant pleads not guilty, a jury will decide if the defendant is guilty or not guilty after hearing all the evidence
if the defendant pleads guilty, the judge will impose a sentence
when sentencing, the judge can impose any sentence up the maximum of the offence
plea and trial prep hearing:
takes place at Crown Court as soon as possible after case has been sent there from Magistrates' Court
sets trial date, identifies issues for trial, provides timetable for pre-trial prep, give appropriate directions for an effective trial
the indictment:
document prepared before trial and formally sets out charges against defendant
although defendant will have been sent for trial charged with specific crimes, the indictment can be drawn up for any further offence that the evidence reveals
disclosure by prosecution and defence:
both prosecution and defence have to make certain points known to the other before the trial
the prosecution must set out all the evidence they propose to sue the trial
must also disclose previously undisclosed material 'which in the prosecutor's opinion might reasonably be considered capable of undermining the case for the prosecution against the accused'
Jurisdiction of Magistrates' Courts
try all summary cases
try any triable either way cases that can be dealt with in the Magistrates' Court
to deal with the first hearing of all indictable offences - these cases are then immediately sent to the Crown Court
to deal with all preliminary matters connected to criminal cases, such as issuing warrants for arrest and deciding bail applications
Jurisdiction for Crown Court
deals with all indictable, serious offences
deals with any triable either way offences that are sent for trial from the Magistrates' Court
a judge sits alone to hear pre-trial matters in cases at the Crown Court and where a defendant pleads guilty
however, when a defendant pleads not guilty, a jury is used to decide the verdict
the judge will control the court, rule on relevant issues of law, direct the jury on the law and evidence, impose a sentence if the defendant is found guilty