1. Criminal courts Topic 7 The courts system test: criminal courts

2. Topic 7 The courts system test: criminal courts Question 1 In which court do all criminal cases start?

3. Topic 7 The courts system test: criminal courts Answer 1 Magistrates’ Court.

4. Topic 7 The courts system test: criminal courts Question 2 What preliminary matters are dealt with by the Magistrates’ Court?

5. Topic 7 The courts system test: criminal courts Answer 2 The Magistrates’ Court deals with matters such as bail application and legal aid.

6. Topic 7 The courts system test: criminal courts Question 3 What is a summary offence?

7. Topic 7 The courts system test: criminal courts Answer 3 Summary offences are petty crimes, which the Magistrates’ Court has the power to try.

8. Topic 7 The courts system test: criminal courts Question 4 What is a triable-either-way offence?

9. Topic 7 The courts system test: criminal courts Answer 4 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.

10. Topic 7 The courts system test: criminal courts Question 5 What is an indictable offence?

11. Topic 7 The courts system test: criminal courts Answer 5 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.

12. Topic 7 The courts system test: criminal courts Question 6 When will a case be appealed to the Queen’s Bench Division of the High Court?

13. Topic 7 The courts system test: criminal courts Answer 6 If the defendant has been found guilty by the Magistrates’ Court, he or she may appeal to the Queen’s Bench Division by way of case stated.

14. Topic 7 The courts system test: criminal courts Question 7 Which type of cases are heard by a judge and a jury?

15. Topic 7 The courts system test: criminal courts Answer 7 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.

16. Topic 7 The courts system test: criminal courts Question 8 Which type of appeals are heard by the Court of Appeal?

17. Topic 7 The courts system test: criminal courts Answer 8 The Court of Appeal hears appeals from the defence to reduce a sentence, where it has new evidence, or on a point of law. The prosecution may appeal against a lenient sentence or on a point of law.

18. Topic 7 The courts system test: criminal courts Question 9 Which type of appeals are heard by the House of Lords?

19. Topic 7 The courts system test: criminal courts Answer 9 The House of Lords only hears appeals with leave (permission from the Court of Appeal or House of Lords) on a point of law of general public importance.

20. Topic 7 The courts system test: criminal courts Question 10 Nadia has been accused of theft (an either-way offence). Identify the courts in which she could be tried (including any appeal courts).

21. Topic 7 The courts system test: criminal courts Answer 10 A full answer to this question is found on pages 101–03 (in the article entitled ‘Questions on courts and criminal legal aid’).