The Criminal Courts and Lay People

1. The Criminal Courts and Lay People The Outline of Criminal Courts

2. Objectives • Identify key terms and phrases required in the study of the unit • Describe the key features of and draw a diagram of both the Magistrates and Crown court structure • Explain the jurisdiction of each court

3. Try and identify what these key terms mean • Summary Offences • Either Way Offences • Indictable Offences • Bail • Appeal • Judge • Jury • Magistrate • Crown Court • Magistrates Court • Arbiter of Fact • Arbiter of Law

4. Summary Offences • A less serious offence than indictable offences. Both the procedure and punishment tends to be less onerous. The trial for a summary offence takes place in a Magistrates’ Court. Many offences, particularly motoring offences are summary only offences and can never be tried elsewhere.

5. Indictable Offences • Offences which can only be tried in the Crown Court (e.g. robbery and aggravated burglary), therefore is more serious than those which can proceed by summary trial in a Magistrates Court. This is the equivalent to the old term “felony” (still used in the USA). Murder and treason are examples of crimes which would be tried on indictment, and are therefore indictable offences. Other indictable offences are also tried in the Crown Court.

6. Either-Way Offences • Offences that can be tried either in the magistrates’ court or the Crown Court (e.g. theft and possession of drugs).

7. Bail • A commitment made (and possibly secured by property for example a passport) to secure the release of a person being held in custody and suspected of a crime, to provide some kind of guarantee that the suspect will appear to answer the charges at some later date.

8. Appeal • To ask a more senior court or person to review a decision of a subordinate court, body or person. In the UK the highest court of appeal is the Supreme Court.

11. Magistrates Courts Jurisdiction • Trying summary offences and the majority of triable either-way offences (97% of all trials) • Mode of trial proceedings • Sentencing committals • Early admin hearings for Indictable offences • Youth Court cases where D is aged 10 – 17 • Matters connected with criminal cases – warrants and bail

12. Crown Courts Jurisdiction • The Crown Court deals exclusively with serious criminal cases. • The work includes trying indictable offences, some either way offences, sentencing from Magistrates Court (usually because the magistrates' sentencing powers are limited), and appeals from the Magistrates' Court against conviction or sentence. • Appeals from the Crown Court go to the Court of Appeal (Criminal Division) on misdirection of law or facts, failure to refer to a defence, inappropriate comments by the judge, or jury irregularity. • The Court of Appeal will allow an appeal (and possibly order a new trial) if it considers the conviction unsafe. • Where the Court of Appeal quashes a conviction on a point of law and the verdict of the jury shows that it was satisfied that some other offence had been committed, the Court of Appeal may substitute a conviction for that other offence.

13. Objectives • Identify key terms and phrases required in the study of the unit • Describe the key features of and draw a diagram of both the Magistrates and Crown court structure • Explain the jurisdiction of each court