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What is the jurisdiction of the Magistrates’ Court ?
The Magistrates’ Court deals with all summary offences and some triable either way offences.
Their sentencing power is limited to 6 months imprisonment or a £5000 fine.
What is the jurisdiction of the Crown Court ?
The Crown Court hears some triable either way offences and all of the indictable offences.
The judge in the Crown Court has unlimited sentencing power.
What are summary offences ?
These are the least serious crimes.
They are tried summarily at the Magistrates’ Court.
Summary offences include assault, and most traffic offences.
What are triable-either way offences ?
These offences may be tried at the Magistrates’ Court or at the Crown Court depending on the circumstances of the case.
Assault occasioning actual bodily harm and theft are triable either way offences.
What are indictable offences ?
They are the most serious offences.
These crimes must be tried at a Crown Court.
They include murder, robbery and rape.
What is the pre trial procedure for a summary offence ?
They are dealt with at the Magistrates’ Court at the first hearing.
If the defendant pleads guilty, the magistrates can sentence the defendant immediately or adjourn the case to all for a pre-sentence report to be made by the probation service.
The jurisdiction of the Magistrates’ Court is imprisonment up to 6 months for one offence (maximum of 12 months for two offences).
Magistrates can also impose community-based sentences, fines and conditional and absolute discharge.
What is the pre-trial procedure for triable-either way offences ?
After the Early Administrative Hearing a person charge with a tribal either way fence will have a ‘plea before venue’ hearing whether dependent will enter a guilty or not guilty plea.
If the defendant pleads guilty, the magistrates will sentence.
If, however, the magistrates believe that the defendant deserves a more severe punishment then they have the power to send the defendant to a Crown Court for a judge to pass sentence.
If the defendant pleads not guilty, there will be a ’mode of trial’ hearing.
Magistrates will consider the case and decide if they accept jurisdiction.
They will consider the seriousness of the case and hear reasons from both the prosecution and defence.
If the magistrates decline jurisdiction, the case will be sent to the Crown Court for a trial by judge and jury.
If the magistrates accept jurisdiction the defendant has the right to opt to be tried summarily at the Magistrates’ Court or choose a trial by jury at the Crown Court.
What is the pre-trial procedure for indictable offences ?
After the preliminary administrative matters have been dealt with in the Magistrates’ Court, a defendant charged with an indictable offence will be sent to the Crown Court.
If the defendant pleads guilty to an indictable offence the judge will pass sentence.
If the defendant pleads not guilty, he or she will be tried by jury who will decide the verdict.
If found guilty by the jury, the judge will pass sentence.
