1. Criminal Courts System

2. Re-cap – What are the three types of criminal offences? Summary Offences – relatively minor, triable only in Magistrates’ Court. This covers most offences – e.g. common assault, most motoring offences. Maximum sentence = 6 months Either-way Offences – can be tried in either Magistrates’ Court or Crown Court. Pre-trial matters always dealt with in Magistrates’ Court Indictable Offences – most serious offences – e.g. murder, rape, robbery. Must be tried in Crown Court (judge and jury) Can you give an example of each?

3. Jurisdiction of Magistrates’ Court Jurisdiction = the extent of a court’s power over particular legal disputes Issuing arrest and search warrants Deciding on bail applications Conducting sending-for-trial hearings – for indictable offences which must be sent to the Crown Court for trial Conducting committal for trial hearings – for either-way-offences which are committed to the Crown Court for trial Trying summary offences Trying either-way-offences that are to be tried summarily

4. Jurisdiction of the Crown Court Trying indictable offences Trying either-way offences which are to be tried on indictment Sentencing where the case has been sent by Magistrates Court to Crown Court for trial Hearing appeals from Magistrates’ Court against conviction or sentence

5. Offences we have looked at OffenceTypeCourt AssaultSummaryMagistrates’ BatterySummaryMagistrates’ S.47 Offences Against the Persons Act 1861 Either-wayMagistrates’/Crown S.20 Offences Against the Persons Act 1861 Either-wayMagistrates’/Crown S.18 Offences Against the Persons Act 1861 IndictableCrown

6. Burden and Standard of Proof Burden of proof is on the prosecution D must be proved by P to have committed the guilty act whilst having had the guilty state of mind for the crime with which he is charged Standard of proof – “beyond reasonable doubt” – if this cannot be proved D will be acquitted