Criminal Courts

Indictable offences

• Most serious offence

• Initially heard in magistrates (preliminary hearing to discuss bail, legal aid & defendant’s plea)

• Later tried in Crown Court

Triable either way offences

• Middle range offence

• Initially heard in Magistrates for a preliminary hearing

• Later tried in Magistrates or Crown Court (Mode of Trial Hearing)

Summary offences

• Minor offences

• Tried in Magistrates

Mode of Trial Hearing

• For triable either way offences

• Initially heard in the Magistrates at a preliminary hearing

• If D pleads guilty they will go to sentencing in Crown Court

• If D pleads not guilty Magistrates will be asked to take on case

• If they refuse (possibly due to seriousness or sentencing length) Crown Court will take it

• If they agree then D chose where case is sent

Magistrates Court

• All cases begin here for a preliminary hearing

• Try summary or triable either way cases

Magistrates Court Appeals

• D can appeal to Crown Court on conviction (confirmed/reversed) or sentence length (confirmed/increased/decreased)

• D or P can appeal to King’s Bench Division (High Court) on Points of Law (conviction reversed/confirmed/amended)

• Points of law = D claim Magistrates came to wrong decision because they made a mistake about the law

• Final appeal can be made to Court of Appeal and Supreme Court if of public importance

Crown Court

• Tries indictable or either way offences

• Jury for indictable & either way offences

• Magistrate for hearing appeals from Magistrates

Crown Court appeals

• D can appeal to Court of Appeal if conviction is unsafe or if against sentence

• Court can decrease sentence but can’t increase it

• P can appeal to Court of Appeal if against acquittal (if new & compelling evidence retrial can be ordered), sentence or on Points of Law (can claim Judge made an error in explaining law to Jury)

• Further appeal to Supreme Court on Points of Law or if of public importance