Unit 1

The Criminal Courts September 2014

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Aims and Objectives….• Our aim is to understand

the structure of the criminal courts by:-

• Investigating the court hierarchy

• Examining the classification of criminal offences and related procedure

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Classification of Offences…• There are 3 different

classes of offence in England and Wales

• Using the resources available to you research the different classifications of offences and what they mean.

Summary Offences These are the least serious or minor offences and should be tried in the Magistrates Court.

Triable Either Way Offences

These are middle of the range offences - “relatively serious” and can be tried in either the Magistrates or the Crown Court.

Indictable Offences These are the most serious crimes and should be tried in the Crown Court by a judge and jury

What you should have found:

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The Criminal Courts

Magistrates Court(all cases start here!)

Crown Court

The High Court: QBD

C of A: Crim Division

Supreme Court (H of L)

} Appeal Courts

Summary cases

Indictable cases

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Now lets take each one in turn….

• Magistrates' Courts are among the oldest courts still surviving. They can be found in large and medium-sized towns all over the country

• Magistrates' courts normally sit with three lay (non-lawyer) Justices of the Peace, but in some larger towns and cities (including Bristol) there are designated District Judges who exercise the powers of magistrates while sitting alone.

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What type of work do magistrates do?

Summary Offences: These less serious offences start and end in the magistrates. The magistrates deal with all the preliminary issues and will then hear the trial and then sentence the defendant if found guilty

Either way offences: These moderately serious offences will begin in the magistrates court where preliminary issues will be dealt with and a “mode of trial” hearing will take place in which the parties will decide whether the trial should be heard in the Magistrates Court or the Crown Court.

Indictable offences: These very serious crimes start off in the magistrates court where administrative issues will be dealt with before being sent to the Crown Court for the trial and possible sentencing

Other roles of Magistrates:

• Admin surrounding bail applications and legal aid.

• Issue search warrants to the police

• Make ASBOs

• Suitably qualified and experienced magistrates sit in the Youth court to hear criminal allegations against young persons under 18, and others sit in the Family Proceedings Court to deal with domestic matters such as maintenance, residence orders and care proceedings.

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The Crown Court

Either way offences:

If after a mode of trial hearing in the magistrates it is decided that an either way offence should be tried in the Crown Court then it will be committed to the CC and treated as an indictable offence.

The Crown Court also hears appeals from the magistrates court; in such cases, the appeal takes the form of a retrial with all the evidence and arguments heard again. Cases from the magistrates may also be "committed for sentence" by magistrates to the CC if they feel their own sentencing powers are insufficient.

Indictable offences:

These will be tried in the Crown Court by a judge and jury

Now let’s look at the appeal courts…

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• This case concerned the presumption of criminal responsibility between ages 10 – 14.

• Until this case it was thought that a child between 10 and 14 could only be found guilty of an offence only if it could be proved they knew what they were doing was wrong

• The QBD attempted to change the law by setting out that the prosecution need not prove this.

• The H of L overruled the Divisional Court setting out that only Parliament should make such a major change to the law. The law therefore still required proof that the children between 10 and 14 knew what they were doing was wrong if they were to be criminally responsible.

• NOTE: Parliament did change this law in time!!

C v DPP (1994)

TASK!Using the information from your handout complete the appeals diagram given to

you by your tutor.

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Time to try it for yourselves…

• Lily has been charged with a relatively serious criminal offence.

• Explain the courts that her case may go to…. 10 marks