OCR criminal courts

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What are summary offences?
Summary offences are minor offences that may include motoring offences or minor assaults. It also includes shoplifting offences that are below £200. They can impose a maximum sentence of up to 6 months and the offences are heard Magistrates crt.
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What are indictable offences?
Indictable offences are more serious offences such as **** , murder or s18. All indictable offences are heard by a judge or jury.
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What are triable either way offences?
These are middle range crimes but also have a scale for the seriousness of the crime. E.G - 2 crimes could be theft , but one stole bread (mags court) and the other stole 1 million £ (goes to crown court)
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What jurisdiction do Magistrates courts have?
They can give bail , give arrest + search warrant , and hear summary offences and triable either way offences.
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What jurisdiction does the crown courts have?
They take appeals from the magistrates courts , sentencing from the magistrates courts and trying all indictable offences.
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How are cases dealt with at the crown court?
If the defendant pleads guilty , then the judge will decide the sentence. If the defendant pleads not guilty , then the judge and 12 jurors will try the case.
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What is the appeal from the magistrates court?
If the magistrate judge sees that there is a problem within the law , or there is a case stated appeal , then the case will be sent to the QBD which is the administrative court. However , if the prosecutor wants their case to be reheard then they can
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request a hearing from the crown court. If a defendant believes their sentence was too harsh from the crown court , then their case will be re-tried at the administrative court.
from the QBD , the case has to have permission from a judge and a general public importance to be able to proceed the case to the supreme court.
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What is the appeal from the Crown court?
From the crown court , the defendant can only appeal to the court of appeal if they want a judge to make a law clearer. They can also appeal if there is new evidence given to the case. A court of appeal can also decide whether the case is too unsfe
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which means they can allow the defendants appeal and quash the conviction. the court of appeal can also demand that the case be reheard by a new jury.
Just like in the summary offence , the court of appeal need permission from the judge and a general public importance to be able to proceed to the crown court. If both cases are too complicated , they go to the supreme court.
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3 facts about Magistrates courts:
heard by qualified district judges or unqualified lay justices. the maximum offence they can impose is 6 months. there are around 240 courts in england and wales.
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what is the first step for a pre trial procedure for summary offence?
the police charge the defendant for a minor offence only. The cps have the decision to prosecute.
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what is the second step for a pre trial procedure for summary offence?
the judge then decides the pre trail , so whether the defendant should be bailed or kept in custody. The magistrate also decides who will financially represent the defendant , or if they will even get any financial support.
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what is the third step for a pre trial procedure for summary offence?
the defendant would normally receive a letter by post to say if they are guilty or not guilty. This is done to eliminate time and the cost of a court hearing.
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What is the first step of a triable either way pre trail procedure?
Magistrates decides the mode of trial , so wether the hearing will take place in the crown court. The defendant also gets to choose where they want , so the lawyer explains the choice of plea that if they are guilty they sentence straight away ,
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What is the second step of a triable either way trail procedure?
case management hearing. This is where the Judge has to manage the case to make sure it doesnt waste time for the court.
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What is the third step of a triable either way pre trail procedure?
if the defendant pleads guilty then they will be sentences by a judge. if they plea not guilty then they will be trialed by a jury.
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what is the first step of an indictable offence pre trial procedure?
the first step is to appear before the magistrates court. they decide whether you should get bail or funding for representation.
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what is the second step of an indictable offence pre trial procedure?
the judge has a managerial role. During the trial , they have to give them their plea and the case management. then they have to give a notice of ficture , when the hearing by the jury will take place.
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what is the third step of an indictable offence pre trial procedure?
The judge must fill out a probation report before sentencing the defendant. And there is a trial by jury at the crown court.
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Advantages for trail at the crown court:
the rate of aquital for not guilty pleas are higher at the jury trial. Defendant feel they receive much fairer trail at the crown court as Mags accept police evidance disregarding the accuracy.
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Disadvantages for trial at the crown court:
Jury trials have delays. Much greater cost - employing a barrister. Crown court has greater sentencing power.
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Other cards in this set

Card 2

Front

What are indictable offences?

Back

Indictable offences are more serious offences such as **** , murder or s18. All indictable offences are heard by a judge or jury.

Card 3

Front

What are triable either way offences?

Back

Preview of the front of card 3

Card 4

Front

What jurisdiction do Magistrates courts have?

Back

Preview of the front of card 4

Card 5

Front

What jurisdiction does the crown courts have?

Back

Preview of the front of card 5
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