CRIMINAL- JURISDICTION

Magistrates Court

There are 160 magistrates courts in England and Wales, with 17,600 acting magistrates. They deal with 97% criminal cases with 1.5 million cases a year being heard by the magistrates. The magistrates court sees both summary and either-way cases.

Crown Court

There are 84 crown court centres in England and Wales. These cases are heard by a judge and jury. Both either-way and indictable offenses are heard here.

POSITIVES - MAGISTRATES:

  • speed

  • lower penalties

  • loca courts

  • cost

  • workload

NEGATIVES- MAGISTRATES:

  • higher conviction rate

  • can transfer to the Crown

POSITIVES- CROWN:

  • lower conviction rate

  • better advocates

NEGATIVES- CROWN:

  • higher penalties

  • waiting time

  • cost

  • publicity

Summary

These are considered to be minor offenses, these must be seen in the Magistrates court. Examples of summary offenses are: assault, battery, petty theft, and most driving offenses

Either-way

These are mid-range offenses, these can be tried in either-way or indictable based on the severity and preference of the defendant. Examples of Either-way are: theft, burglary, ABH, GBH s.20. With such offenses: the defendant has the right to choose for the case to take place in the crown court, if they choose for the trial to take place in the magistrates court it may be moved to the crown court. It will be moved to the crown court if their sentencing power is not strong enough.

Indictable

These are serious offences which have to be tried in the Crown Court. Examples of Indictable offence are: GBH s.18, aggravated sexual assault and murder.

Pre- trial procedures

Summary Offences

First Appearance

At this first hearing, the clerk will take and check the defendants name and address and take their plea.

Guilty Plea

This plea results in the case being taken to magistrates court for sentencing. The sentencing hearing will hear brief facts from both sides. The Magistrates will then decide and announce the sentence.

Non-Guilty Plea

Results in magistrates trying to discover the issues involved in the cases and then set a date for the trial.

Either-way Offences

Plea before venue

The D is asked for their plea. If he pleads guilty, he has no right to go to the crown court, but it may still go there for sentencing.

Mode of Trial Proceedings

If the D pleads not guilty, the mode of trial proceedings take place to decide where the case will be tried.

The Magistrates will consider:

  • the severity,

  • sentencing powers

  • complexity of law.

If the magistrates decide to hear the case then the defendant can choose to have the case take place in the crown or magistrates court.

Committal Proceedings

When the case is to be heard in the crown court, committal proceedings then take place in the magistrates court. All prosecution evidence must be loaded to the court in written form, the defence can then claim that there is insufficient evidence for the crown court. If this happens, the evidence is given to the magistrates court to decide if it should be taken to the crown court. Where there is no dispute then committal proceedings are a formality.

Indictable

First Hearing

This first hearing will be heard in the Magistrates court. The magistrates will establish: D's identity, whether bail or custody should be ordered, whether the D should receive any legal aid.

Plea and Trial Preparation Hearing (PTPH)

This takes place at the crown court as soon as possible after the case is sent there. An effective PTPH will:

  • take the defendant's plea

  • identify issues for trial

  • provide a timetable pre-trial preparation

  • make provisions for any further case management

The Indictment

This document is prepared before the trial and formally sets out the charges against the D. Although the D will have been sent to trial for specific crimes, the indictment may also include further crimes which are uncovered.

Disclosure

Both parties must make certain points known to each other before the trial in order for the trial to be fair and to limit wasted time.

The prosecution must:

  • set out all the evidence they propose to use at the trial

  • they must disclose all undisclosed material that they intend to use

The defence must:

  • state the nature of the D's defence

  • matters of fact which the defence takes issue with

  • any point of law to be argued

  • any alibi and witnesses to be used in the trial