Jurisdiction of the Magistrates and Crown Courts

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Magistrates’ Court Amount

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11 Terms

1

Magistrates’ Court Amount

160 courts across England and Wales

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2

How many cases a year (M court)?

1.5 million

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3

M Court Judge?

District judge or non-legally qualified lay magistrates

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4

M Court Function?

To try all summary cases, appropriate triable either-way, any first hearing of indictable cases, prelim matters and 10-17 Youth Court D’s

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5

Crown Court Jurisdiction

Try all indictable offenses, either way offences (D asked for it or M Court decided it was too serious) also hears appeals and pre-trial matters (D pleads guilty sit alone, or with Jury for a not guilty case).

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6

Crown Court Amount

84 courts in England and Wales

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7

Judges Role (C Court)

Controls the court, rules on relevant issues of law, directs jury on law and evidence and imposes a sentence if found guilty

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8

CPS (Crown Prosecution Service)

Advises police on offences and evidence collection + D’s lawyer doesn’t have to disprove the case but cast reasonable doubt

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9

Summary Offences (least serious)

Tried in M court, subdivided into levels of offences (1 - £200, 2 - £500, 3 - £1000, 4 - £2500, 5 – unlimited), driving while disqualified, common assault, drunk and disorderly in public, theft from a shop <£200

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10

Triable Either Way Offences

M or C court, exact same as summary except if D pleads guilty then sentencing at C court like an indictable case – any sentence can be the max set out in the Act, crimes like assault causing ABH or theft of property worth over £200

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11

Indictable Offences

C court trial only, Prelim in M court - IF D not guilty – jury will decide verdict but IF D guilty – judge will impose sentence. Judge can impose any up to the max legally set. Crimes like Murder, Manslaughter or robbery etc

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