8 markers

Explain the different types of offences.

• Summary Offences are minor offences, such as minor assaults or most motoring offences. They are tried only in the Magistrates’ Court. The case is decided by Lay Magistrates or a District Judge, with no jury.

• Either-Way Offences are mid-level offences (e.g., theft). They can be tried in either the Magistrates’ Court or the Crown Court. The magistrates first decide if the case is suitable for them; if not, it is sent to the Crown Court. The defendant can choose a jury trial in the Crown Court.

• Indictable Offences are the most serious offences, such as murder. They are tried only in the Crown Court. The trial is before a judge and jury.

Explain summary offences.

• Summary offences are the least serious criminal offence and have to be tried in the Magistrates’ Courts.

• The case is decided by Lay Magistrates or a District Judge, with no jury.

• They are subdivided into offences of different ‘levels’, which carry maximum fines: Level 1: maximum £200; Level 2: £500; Level 3: £1000; Level 4: £2500; Level 5: unlimited.

• Examples of summary offences include driving while disqualified, common assault, being drunk and disorderly in a public place, and theft from a shop where the value of the goods stolen is less than £200.

Explain either-way offences.

• Triable either-way offences can be tried in either the Magistrates’ Court or the Crown Court.

• The defendant can choose a jury trial in the Crown Court, as there are no jury trials in the Magistrates’ Court.

• If it is decided that the case will be dealt with in the Magistrates’ Court, then the procedure is the same as for trial of a summary offence. The only difference is that if the defendant pleads guilty or is found guilty, the magistrates have the power to send the defendant to the Crown Court for sentencing. The magistrates can only do this if they think that they cannot impose an adequate sentence.

• If the case is tried in the Crown Court, the trial will proceed in the same way as an indictable offence. If the defendant pleads (or is found) guilty, the judge can impose any sentence up to the maximum for that offence.

• Triable either-way offences include assault causing ABH and theft of property over £200.

Explain indictable offences

• Indictable offences are the most serious offences and can only be tried in the Crown Court.

• The first preliminary hearing to establish the defendant’s identity will take place in the Magistrates’ Court.

• If the defendant pleads not guilty, a jury will decide if the defendant is guilty or not guilty after hearing all the evidence.

• If the defendant pleads guilty, the judge will impose a sentence.

• When sentencing, the judge can impose any sentence up to the maximum that is set by the Act that imposes the offence.

• Examples of indictable offences include murder, manslaughter and robbery.

Explain the pre-trial procedures for summary offences.

• For pre-trial procedures of summary offences, there is a case management system which aims to complete the case at the earliest opportunity.

• At the first hearing, the clerk of the court will check the defendant’s name and address and take the plea - guilty or not guilty.

• Over 90% of defendants in the Magistrates’ Court plead guilty.

• Whether or not the defendant has legal representation, the magistrates will proceed to consider a sentence if the defendant has pleaded guilty. A sentencing hearing will hear the brief facts of the offence from the prosecution and any statements the defendant wishes to make. The magistrates will then decide on and announce their sentence.

• In some minor driving offences, the defendant can plead guilty by post, so that attendance at court is unnecessary.

• If the defendant pleads not guilty, the magistrates will try to discover the issues involved and then set a date for trial.

Explain the pre-trial procedures for triable either way offences. (2022)

• The procedure is set out in the Magistrates’ Court Act 1980.

Plea before venue:

• a pre-trial hearing in the Magistrates Court

• defendant asked whether they plead guilty or not guilty to the offence

• If the defendant pleads guilty the case will proceed to a sentencing hearing

• The magistrates retain the option of sending the defendant to the Crown Court for sentencing

• If the defendant pleads not guilty the magistrates will carry out mode of trial proceedings

Mode of trial:

• Magistrates will decide on the most appropriate court to try the case

• When deciding the magistrates will consider:

o their own powers of sentencing

o recommendations made by the prosecutor

o the seriousness of the offence

o the defendant’s previous convictions

Defendant’s election:

• If the magistrates accept summary jurisdiction the defendant is given the choice of court.

Explain the pre-trial procedures for indictable offences.

• The first hearing will be in the Magistrates’ Court shortly after the defendant is charged. The magistrates will deal with: establishing the defendant’s identity; whether bail or custody should be ordered; whether the defendant should receive legal aid for representation.

• All further pre-trial matters will then be dealt with in the Crown Court, by a Crown Court judge sitting alone.

• The Plea and Trial Preparation Hearing (PTPH) takes place at the Crown Court as soon as possible after the case has been sent there from the Magistrates’ Court.

• An effective PTPH will: ‘arraign’ the defendant (take the defendant’s plea) unless there is a good reason not to; set a trial date; identify the issues for trial, so far as they are known at that stage; provide a timetable for pre-trial preparation and give appropriate directions for an effective trial; make provision for any Further Case Management Hearing (FCMH) that may be required to take place when it can have maximum effectiveness.

• The indictment is a document which will be prepared before trial; it formally sets out the charges against the defendant. Although the defendant will have been sent for trial charged with specific crimes, the indictment can be drawn up for any further offence that the evidence reveals.

• In more complicated cases, the indictment may have several counts (charges), each relating to a different offence.

• Both prosecution and defence have to make certain points known to the other before trial.

• The prosecution must set out all the evidence they propose to use at the trial. They must also disclose previously undisclosed material, even if it undermines the case for the prosecution against the accused.

• The defence must give a written statement to the prosecution that includes:

1. the nature of the accused’s defence, including any legal defences intended to be relied on;

2. any matters of fact on which issue is taken with the prosecution;

3. any point of law to be argued, and the case authority in support;

4. any alibi and witnesses to support that alibi - this information allows the prosecution to run police checks on the alibi witnesses.

Explain the jurisdiction of the Magistrates’ Courts.

• There are about 160 Magistrates’ Courts in England and Wales.

• They were established as local courts and deal with cases that have a connection with their geographical area.

• Cases are heard by magistrates, who may either be legally qualified District Judges or non-legally qualified lay magistrates (also called justices).

Magistrates’ Courts have the following jurisdiction:

1. To try all summary cases

2. To try any triable either way cases that can be dealt with in the Magistrates’ Court.

3. To deal with the first hearing of all indictable offences. These cases are then immediately sent to the Crown Court.

4. To deal with all preliminary matters connected to criminal cases, such as issuing warrants for arrest and deciding bail applications.

5. To try cases in the Youth Court where defendants are aged 10-17 inclusive

(The first two categories account for about 97% of all criminal cases).

Explain the jurisdiction of the Crown Court.

• There are about 92 Crown Courts in England and Wales.

• The Crown Court deals with all indictable, or serious, offences. It also deals with any triable either way offences that are sent for trial from the Magistrates’ Court.

• A judge sits alone to hear pre-trial matters in cases at the Crown Court, and where a defendant pleads guilty.

• However, when a defendant pleads not guilty, a jury is used to decide the verdict.

The judge will:

1. Control the court

2. Rule on relevant issues of law

3. Direct the jury on the law and evidence

4. Impose a sentence if the defendant is found guilty

• Regarding the prosecution, it is the Crown Prosecution Service (CPS) which initially advises the police on what offence to charge. Lawyers work for the CPS.They may direct the police on what evidence is required and needs to be obtained. Once the case comes to court, lawyers present the case and try to prove the defendant guilty beyond reasonable doubt.

• Regarding the defence, the defendant is the person charged with a criminal offence. They (and their lawyer) do not have to disprove the prosecution case but to cast sufficient doubt on it.

Explain criminal appeals (generally)

Explain appeals from the Magistrates’ Court

• This appeal is only available to the defence.

• If the defendant pleaded guilty at the Magistrates’ Court, then an appeal can only be made against sentence. The Crown Court can confirm the sentence, or they can increase or decrease it. However, any increase can only be up to the magistrates’ maximum powers for the case.

• If the defendant pleaded not guilty and was convicted, an appeal can be made against conviction and/ or sentence. The Crown Court, consisting of a judge sitting with two lay magistrates, will hold a complete rehearing of the case including any evidence that was not available in the Magistrates’ Court. They can confirm or vary the conviction and/ or sentence or find the defendant guilty of a lesser offence.

Explain appeals by the defendant from the Crown Court

• An appeal can be made against conviction and/ or sentence to the Court of Appeal (Criminal Division).

• The Criminal Appeal Act 1995 requires that the defendant must obtain leave (or permission) to appeal, decided by a single judge of the Court of Appeal. The aim is to filter out cases without merit and save the court’s time.

• The Criminal Appeal Act 1995 simplified the grounds under which the court can allow an appeal. The Act states that the CoA should “allow an appeal against conviction if they think that the conviction is unsafe”.

• Since the ECHR was incorporated into law by the HRA 1998, the CoA has taken a broad approach to the meaning of ‘unsafe’. In particular, a conviction has been held to be ‘unsafe’ where D has been denied a fair trial (A6).

• D can apply to introduce new evidence but:

1. It must appear to be capable of belief and afford a ground for an appeal.

2. It has to be considered whether it would have been admissible at the trial, and why it was not produced at the trial.

The CoA can:

• Allow a D’s appeal and quash a conviction, or

• Vary the conviction to that of a lesser offence of which D could have been convicted, and/ or

• Decrease, but not increase, any sentence imposed, or

• Dismiss the appeal, or

• Order that there should be a retrial of the case in front of a new jury.

Explain appeals by the prosecution from the Crown Court

The prosecution has limited rights to appeal against an acquittal as follows:

1. Where the acquittal was the result of the jury being ‘nobbled’. This is where one or more jurors was bribed or threatened by associates of the defendant. (R v Twomey and Others)

2. Where there is new and compelling evidence of the acquitted person’s guilt, and it is in the public interest for the defendant to be retired. This power is given by the Criminal Justice Act 2003 and it is only available for approx 30 serious offences including murder, manslaughter and terrorism. This is known as double jeopardy, since D is being tried twice for the same offence (Stephen Lawrence.) The Director of Public Prosecutions has to consent to the reopening of investigations in the case.

Focus could be on the appellate court itself - jurisdiction of CoA in criminal matters or UKSC

Explain aims of sentencing. (2019 - 5 aims of sentencing)

Explain custodial sentences

Explain community orders (non-custodial sentences). (2025)

Explain fines (non-custodial sentences).

Explain discharges (non-custodial sentences).

Explain the sentencing process.

Explain aggravating/ mitigating factors.

Explain the qualification of juries

Explain the selection of juries.

Explain the role of juries. (2024)

Explain the qualification of magistrates.

Explain the selection of magistrates.

Explain the role of magistrates.