1. Classification of Offences

2. 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

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

4. 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

5. 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

6. 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)

7. 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

8. 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

9. 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