Haleemah Quadri

Law: Criminal Courts Prep

Criminal Courts: Next Step Prep activity

Use the internet, textbook or LRC and research the answers to the following questions ready for discussion in class. 1. List eight jobs undertaken by the Magistrates Court: Summary offences - These are the least serious offences and are tried in the Magistrates' Court e.g. driving offences, drunk and disorderly, common assault and criminal damage which has caused less than 5000 worth of damage. Tri-able either way offences These can be regarded as the middle range of crimes and include a wide variety of crimes e.g. theft, assault causing actual bodily harm. These can be tried in either the Magistrates' Court or Crown Court. Indictable Offences These are the more serious crimes and include murder, manslaughter and rape. All indictable offences must be tried at the Crown Court, but the first hearing is dealt with at the Magistrates' Court. The magistrate will decide if the defendant should be given bail. The case is then transferred to the Crown Court.

2. What happens during a pre-trial hearing? A pre-trial hearing is a persons last court appearance on a criminal charge prior to trial. At this hearing, the parties generally have gathered all the information they need to fully negotiate the case, including crime victim input. In negotiating the case, the prosecuting attorney will consider the following factors: Severity of the crime and its impact upon the victim and/or community; Criminal history of the defendant; Defendants age and physical and/or mental health; Whether the defendant expresses genuine remorse; Defendants willingness to make restitution; Victims preferences in how the case should be handled; and The likelihood of conviction at trial. 3. Explain what a mode of trial hearing is: Where a defendant has been charged with an offence which is tri-able either way, the magistrates' court must hold a "mode of trial" hearing at which a decision is made as to whether the case will be heard in the magistrates' court or Crown Court. You may represent the prosecution at this hearing and will have an important role to play in making representations to the court. 4. What is meant by the terms? A summary offence is an offence which has a maximum punishment of six months imprisonment. Examples of summary offences are: common assault; drink driving/driving whilst unfit through drugs; low level public order allegations; criminal damage where the value of the damage is under 5,000 If you are appearing in court charged with a summary only offence(s) your case will be heard throughout at the Magistrates Court, it cant be dealt with at the Crown Court and this means you will not have a trial by jury. If you are appearing in court on a summary only offence that is linked to an

Haleemah Quadri

Law: Criminal Courts Prep

offence that will ultimately be dealt with at the Crown Court, in certain circumstances the summary offence will also be dealt with at the Crown Court. What is an either way offence? An either way offence is an offence that can be dealt with at either the Magistrates Court or the Crown Court. Examples of either way offences are: theft; assault occasioning actual bodily harm; burglary; possession of drugs; possession of drugs with intent to supply. Where your case will end up depends on a number of factors including: your plea; the nature and seriousness of the offence; whether the Magistrates sentencing powers are sufficient and in some cases where you choose to have your case dealt with. If you have been charged with an either way offence and you are pleading not guilty, it is your right to elect to have a jury trial at the Crown Court. What is an indictable only offence? An indictable only offence is one that can only be dealt with at the Crown Court. Examples of indictable offences are: murder; rape; causing grievous bodily harm with intent; robbery; perverting the course of justice. If you are charged with an indictable only offence, at your first hearing at the Magistrates Court your case will be simply be sent to the Crown Court, and either a preliminary hearing or plea and case management hearing listed. You will not be asked to enter a plea at the Magistrates Court although you can indicate what your plea is likely to be. 5. In each of the following situations explain which Court would hear the case: i) ii) iii) iv) John pleads not guilty to a summary offence: This is will be heard in a Magistrate Court by a Magistrate judge. Salem pleads guilty to an either way offence: This will be heard in a Magistrate Court. Jack pleads not guilty to an indictable offence: The Magistrate Court will have to send this case to the Crown Court to be decided on. Deborah pleads not guilty to an either way offence: Will be heard in a Magistrate court.