AS Law: The English System Mode of Trial Learning Outcomes: Be able to demonstrate understanding of issues relating to ‘mode of trial’ Be able to ‘solve.

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AS Law: The English System Mode of Trial Learning Outcomes: Be able to demonstrate understanding of issues relating to ‘mode of trial’ Be able to ‘solve a legal problem’ by applying understanding to a scenario Develop exam technique through collaboration and peer assessment

Question 1 In which court do all criminal cases start?

Answer 1 Magistrates’ Court.

Question 2 What is a summary offence?

Answer 2 Summary offences are petty crimes, which the Magistrates’ Court has the power to try.

Question 3 What is a triable-either-way offence?

Answer 3 Triable-either-way offences may require a sentence that is more severe than the Magistrates’ Court has the power to deal with. If the Magistrates’ Court accepts jurisdiction and finds the defendant guilty, it may send the case to the Crown Court for a judge to impose a sentence.

Question 4 What is an indictable offence?

Answer 4 An indictable offence is a crime that is too serious for the Magistrates’ Court to deal with. The Magistrates’ Court will commit the case to the Crown Court.

Question 5 Which type of cases are heard by a judge and a jury?

Answer 5 If the defendant is charged with a serious crime and he or she pleads not guilty, the cases will be tried by a judge and jury in the Crown Court.

AS Law: The English System Mode of Trial Learning Outcomes: Be able to demonstrate understanding of issues relating to ‘mode of trial’ Be able to ‘solve a legal problem’ by applying understanding to a scenario Develop exam technique through collaboration and peer assessment

Section 2: Question B The ‘application’ question Pedro is pleading not guilty to a charge of the theft of a wallet from his colleague’s desk at work. Theft is a triable either way offence. Discuss the matters Pedro should consider when choosing in which court to be tried (12 marks) Collaboration 1)Plan – in teams plan your response – what are the key points that you want to make? Will this answer the question that is being asked? 2)Do – produce your response to the question 3)Review – peer assessment and feedback, self- reflection and target-setting

Peer Assessment Read your peer’s response to the exam question Using the mark scheme and the levels of assessment, make a judgement on the mark that should be awarded Provide some positive feedback on the strengths and good aspects of the response, and the rationale for the ‘level’ and mark awarded Identify aspects that could be improved in in order to achieve a better mark

MARK SCHEME Peer Assessment

Levels of Assessment

Describe how it is decided in which court a criminal trial of an adult offender will be heard. Include all categories of offence. (18 marks) Section 1: Question A The ‘knowledge’ question

Target Setting and Improving Performance Reflect on your team performance in the exam question, and the feedback that you have been given. Set yourself two targets for improving your performance in exam questions that you can use when completing the homework question Reflective Learning Write your two targets for improvement at the top of your answer so that I know what you are aiming to improve/achieve

AS Law: The English System Mode of Trial Learning Outcomes: Be able to demonstrate understanding of issues relating to ‘mode of trial’ Be able to ‘solve a legal problem’ by applying understanding to a scenario Develop exam technique through collaboration and peer assessment