Term
| Where are the least serious type of offences (summary offence) tried? |
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Definition
| Summary offences are tried at the Magistrates Court. |
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Term
| What are middle-of-the road offences? |
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Definition
| Middle-of-the road offences such as theft. These Triable either way cases are tried either in the Magistrates' Court OR the Crown Court. |
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Term
| What is the special process for deciding which court will deal with a triable either way offence? |
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Definition
- All cases begin in the Magistrates' Court, with a plea before venue.
-If D pleads guilty the Magistrates will consider the sentance.
-If D pleads not guilty, the Magistrates conduct Mode of Trial to determine which court D will be tried. It depends on the seriousness of the case.
-If case is minor Magistrates deal with it immediately unless D chooses another court.
-If case is serious then Committal Proceedings begin to filter out weak cases. The case is sent to Crown Court. |
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Term
| Why might a defendant choose to be tried in the Magistrates Court? |
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Definition
Cases are dealt with quicker.
More likely to impose a non-custodial sentence.
Sentence is more shorter. |
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Term
| Why might a defendant choose NOT to be tried in the Magistrates Court? |
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Definition
D who knows they will be convicted and sent to prison might choose Crown Court to delay going to prison.
D's in Crown Court get better legal representation. |
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Term
| What are the Indictable offences? |
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Definition
| Indictable offences are the most serious offences- like murder or rape. These are tried in the Crown Court before a judge and jury. |
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Term
| Who deals with the Youth Court cases? |
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Definition
Three specially trained magistrates and a legal qualified clerk.
The three magistrates must be under 65 and must include one female and one male. |
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Term
| Appels to the High Court on a point of law. |
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Definition
| The high court will confirm, vary or reverse the magistrates decision or order a re-trial. |
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