Classification of Offences

Three different classes of Criminal Offence: Summary offences – minor offences – can only be tried in Magistrates’ Court – e.g. assault Either way offences – may be tried in either Magistrates’ Court or Crown Court – e.g. theft Indictable offences – serious offences that can only be tried in a Crown Court – e.g. murder

Magistrates’ Court Case heard by: (District Judge); or 3 Magistrates assisted by a legal advisor Deals with summary or either way offences

Either way Offences All cases start in the Magistrates’ Court If D pleads guilty: Magistrates can sentence in Magistrates’ Court or send to Crown Court for sentence If D pleads not-guilty, Magistrates decide if they can deal with the case If they decide they can’t it gets sent to the Crown Court If they decide they can, D then chooses which court they want to be tried in If Magistrates decide they don’t have jurisdiction, case is sent to CC for trial If D chooses CC, case is sent to CC for trial If both Magistrates and D choose to have case heard in Magistrate’s court, it is heard like a summary offence

Crown Court Case heard by: Jury of 12 lay people who decide on facts and verdict of guilty/not guilty Judge who directs jury on issues of law and carries out sentencing Deals with either-way or indictable offences All indictable offences start in Magistrates’ Court with a Preliminary Hearing. Case is then sent to CC Sentencing either way offences sent to CC by Magistrates for sentencing Deals with Appeals from MC against conviction or sentence

What happens in a trial? Prosecution state their case – what D is alleged to have done Prosecution call their witness and examine their witnesses – ask them questions to establish what they know which helps to show that D is guilty Defence cross-examines prosecution witnesses – tries to cast doubt over their evidence Defence state their case – what their main line of defence is Defence calls their witnesses (this usually includes the Defendant) and examine them – ask them questions to establish what they know which can cast doubt over D’s guilt Prosecution cross-examines defence witnesses – tries to cast doubt over their evidence Closing speeches of Prosecution and Defence – summing up their case Deliberation Verdict (Sentence if guilty)

Deliberation If in Magistrates’ Court: If in Crown Court: Magistrates’ “retire” to a private room and deliberate on whether D is guilty – try to come to a unanimous decision or a majority of 2:1 Magistrates return to the courtroom and deliver their verdict giving reasons If Not guilty, D is released If Guilty they pass D’s sentence If in Crown Court: Judge sums up all points of law for the Jury and may direct them on the questions they should consider Jury “retire” to a private room and deliberate on whether D is guilty – try to come to a unanimous verdict or a majority of 10:2 Jury return to courtroom and Foreperson of the jury delivers the verdict – don’t give reasons Jury then dismissed If guilty, Judge passes D’s sentence

Appeals for cases from the Magistrates’ Court Initial Trial * Magistrates’ Court First Appeal Court: *Crown Court (against conviction or sentence) Second Appeal Court: *Court of Appeal - Criminal Division (misdirection of law or facts, failure to refer to a defence, inappropriate comments by judge, jury irregularities) Final Appeal Court: *Supreme Court

Appeals for cases from the Crown Court Initial Trial: *Crown Court First Appeal Court: *Court of Appeal - Criminal Division (misdirection of law or facts, failure to refer to a defence, inappropriate comments by judge, jury irregularities) Final Appeal Court: *Supreme Court