1. Week 2 – Criminal Courts Structure
Unit 3 – Law for Business
Week 2 – Criminal Courts Structure
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2. Introduction
Criminal courts deal with people that have broken the law matters
Involve the police
(gives info on courts)
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3. Research activity
In pairs choose one of the kinds of law that the criminal courts deal with and find out more about it. Explain what the crime is, which court it is heard in and what the sentencing is.
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4. Youth Court
Magistrates court can deal with people under 18 but only if they are tried with an adult
Homicide and rape always heard in Crown Court e.g. Jamie Bulger case
Could send to Crown court if a harsher sentence is needed
Not open to the general public
Magistrates and district judge will have specialist training in dealing with young people
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5. Magistrates Court Role Staff Most junior of the courts
Vital part of the legal system due to case load
Over 400 magistrates courts in England and Wales
Staff
Magistrates whose decision it is to decide guilt or innocence
Maximum sentence 6 months or and fine up to £5000
If sentencing needs to be harsher they can pass it up to the Crown Court
Around 90% of people appearing in the magistrates court pleads guilty
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6. Magistrates Court Function: 97 per cent of criminal cases
Civil family matters such as adoption, custody and maintenance
Granting of warrants and summonses and bail applications
Granting of licences, e.g. for the sale of alcohol
Jurisdiction:
Juvenile jurisdiction (offenders aged 10 – 17)
Summary jurisdiction
Jurisdiction over some triable either-way offences
Committal for trial for indictable offences
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7. Crown Court
Was established in 1971 – created to replace the system of Assizes and Quarter sessions, which were outdated and unable to cope effectively with the rise in criminal cases.
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8. Crown Court Jurisdiction Categories of offence:
Criminal trials of indictable and some triable either way offences
Appeals against the decision of the magistrates
Some High court civil matters
Categories of offence:
Class 1 – Murder, treason, offences under the official secrets Act
Class 2 – Manslaughter, Rape
Class 3 – indictable and triable either way offences
Class 4 – robbery, Assault, GBH
Tried by either; High Court judge, Circuit judge or Recorder Judge
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9. Court of Appeal (Criminal Division)
C of A split into civil and criminal
Presided over by the Lord Chief Justice
Deals with appeals against conviction, appeals against sentence, unduly lenient sentence, points of law
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10. Discussion Activity
Should criminal convictions have an automatic right of appeal? What are the advantages and disadvantages of this?
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11. RESEARCH ACTIVITY
In pairs using the internet and law text books find two cases that have been heard in all of the courts that have been mentioned.
The following resources may prove useful;
law text books
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12. Summary Offences Dealt with by the Magistrates court
Considered less serious
Punishable by max. 6 months sentence or/and £5000 fine
Examples:
Minor assaults
Driving without insurance
Indecent exposure
Assault on a police officer
Taking without owners consent (TWOC)
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13. Indictable offences Appear in Magistrates firstly
More serious crimes may be passed to Crown Court generally more serious and can be anything up to life imprisonment
Examples include:
Murder
Manslaughter
Rape
Blackmail
Aggravated burglary
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14. Triable either way Can be tried in either court
Tend to be middle way offences;
Examples:
Indecent assault
Making off without payment
Obtaining services by deception
Going equipped for stealing
Handling stolen goods
Possession of a controlled drug
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