Presentation on theme: "Criminal Courts by Lisa Incledon. Key Feature of Criminal Trials Criminal offences are offences against the state or society as a whole. Therefore the."— Presentation transcript:
Key Feature of Criminal Trials Criminal offences are offences against the state or society as a whole. Therefore the state prosecutes – not the victim. The police investigate the crime and Crown Prosecution Service prosecute.
Criminal trials The parties in a criminal trial are referred to as: The prosecution The defendant The Prosecution must prove their case beyond all reasonable doubt.
Criminal Procedure Rules 2005 Overriding objective: dealing with cases justly. Courts should actively manage cases. Lawyers should co-operate with this process.
Categories of Criminal Offence What are the three categories of criminal offences? What are the differences between them? Give some examples of each category.
Magistrates’ Courts There are around 430 Magistrates’ Courts in England and Wales. List all the work that Magistrates’ Courts do.
Preliminary Hearings in the Magistrates’ Court Triable-either-way offences Mode of trial proceedings Committal proceedings if they are to be tried in the Crown Court Indictable offences Sending defendants for trial in the Crown Court
Trials in the Magistrates’ Court What do the Magistrates’ decide? Maximum sentence in the Magistrates’ Court: 6 months imprisonment and/or £5,000 fine For 2 triable-either-way – 12months Health and Safety at Work Act 1974 - £50,000 fine
Sentencing by the Magistrates What can the Magistrates’ Court do if they think an either-way offence requires more severe sentencing? Sentences in the Youth Court: Detention and Training Orders Fines Supervision Orders Community Orders
Crown Court Crown Court Centres are divided into three tiers depending on seriousness: First – can try all indictable categories Second – can try all indictable categories Third – usually do not try the most serious cases Which judges are found at each tier? Maximum sentence in the Crown Court?
Criminal Appeals If a party appeals against the decision of a trial court they are then termed the ‘appellant’ and the other side is the ‘respondent’. What are the routes of appeal from both the Magistrates’ Court and Crown Court?