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Outline of Criminal Courts Criminal Courts © The Law Bank The Criminal Courts: Procedure and Sentencing Outline of criminal courts and appeal system 1
Outline of Criminal Courts Criminal Courts © The Law Bank Objectives Identify the routes of appeal from each of the courts and the jurisdiction of each court Identify the jurisdiction of each court Assess the courts used in a number of current high profile cases have used 2
Outline of Criminal Courts Criminal Courts © The Law Bank The Criminal Courts Summary offences – minor, only in magistrates, bulk of cases – motoring and minor assaults, max sentence less than 6 months Either-way offences – tried in either court, crown tries more serious, most pre-trail in magistrates Indictable offences – most serious, murder rape etc, must be tried in crown court, judge and jury 3
Outline of Criminal Courts Criminal Courts © The Law Bank 4
Outline of Criminal Courts Criminal Courts © The Law Bank Jurisdiction of Magistrates Issuing of arrest and search warrants on police application Deciding on bail applications Conducting sending-for-trail hearings – indictable only go straight to Crown – Magistrates hear bail, funding of D, use of statements and exhibits Trying summary offences Trying either-way offences that are tried summarily 5
Outline of Criminal Courts Criminal Courts © The Law Bank Jurisdiction of Crown Court Trying indictable offences Trying either way offences that are to be tried on indictment Sentencing where case has been sent by Magistrates Hearing appeals from Magistrates against conviction or sentence 6
Outline of Criminal Courts Criminal Courts © The Law Bank Example offence table 7 OffenceTypeCourt AssaultSummaryMagistrates BatterySummaryMagistrates Section 47, Offences Against the Person Act 1861 Either-wayMagistrates/Crown Section 20, Offences Against the Person Act 1861 Either-wayMagistrates/Crown Section 18, Offences Against the Person Act 1861 IndictableCrown
Outline of Criminal Courts Criminal Courts © The Law Bank Classification of Offences Summary – refers to the way that D ordered to attend court (written order delivered by post) Either-way – normally at D’s option but can be ordered by Magistrates Indictable – Can only be tried at Crown Court 8
Outline of Criminal Courts Criminal Courts © The Law Bank Burden of Proof Prosecution must prove the guilty act and the guilty mind Prosecution have to prove to satisfaction of magistrates or jury This is called the burden of proof – who has to prove the liability Standard of proof for criminal cases = Beyond all Reasonable Doubt – if not acquittal 9
Outline of Criminal Courts Criminal Courts © The Law Bank Objectives Identify the routes of appeal from each of the courts and the jurisdiction of each court Identify the jurisdiction of each court Assess the courts used in a number of current high profile cases have used 10
Outline of Criminal Courts Criminal Courts © The Law Bank Plenary Research a recent high profile case and by locating the key news bulletins outline the exact process that the case has taken to get to its current state. In this case I want you to look specifically at the ??? Case and state what courts each of the processes went through – prepare a brief for the rest of the class 11
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CATEGORY OF OFFENCE PLACE OF TRIAL EXAMPLES OF OFFENCE Summary Magistrates’ court Driving without insurance; Criminal damage £5,000 Common assault Triable.
THE CRIMINAL COURT SYSTEM The Participants. BURDEN OF PROOF 2 Fundamental Principles: Accused is innocent until proven guilty. Guilt must be proved.
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The Participants. Beyond a Reasonable Doubt Crown must prove case beyond a reasonable doubt: a reasonable person would have no choice but to conclude.
Criminal Courts Produced by Mrs Anna Lindley Edited by and copyright of Dr Peter Jepson.
Definition Any act committed or omitted that violates the law, is against the community and is punishable by the state to commit a crime, a commission.
The House of Lords The Court of Appeal (Criminal Division) The Crown Court The Magistates’ Courts.
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Pre-trial Procedure and CRIMINAL CASES Prior to these lessons you should have read and précised Chapters 12 and 13 of ‘The English Legal System’ by J.
By the end of this chapter, you should be able to: LO1 Describe the structure of the court system, and the role and significance of each level of criminal.
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TYPES OF CRIMINAL OFFENCES. SUMMARY CONVICTION OFFENCES Minor criminal offences People accused of these can be summoned to court without delay Max penalty.
a) The power of arrest for a citizen or police b) The rights of the accused c) How the trial will proceed (in which court) and d) What penalty will.
C OUNTY C OURT. The County Court has original jurisdiction in criminal and civil matters. The court is also able to hear appeals from the Magistrates’
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