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UNIT 1: SECTION 1B – The Criminal Courts and lay people
Outline of criminal courts and appeal system, including classification of offencesLay magistrates: qualification, selection and appointment; composition of bench; training; role and powers. Jurors: qualification and selection; role.The advantages and disadvantages of using lay people in the criminal courts.
The criminal courts: learning objectives
• You should be able to outline the criminal courts
• Know how the appeal system is included in the criminal court structure
• Know how the offences are classified
England and Wales Court structure
Outline the criminal courts and appeal system
Criminal appeal structure: magistrates court trial Criminal appeal structure: crown court trial
Court for initial trial:
First appeal court
Final appeals
Court for initial trial
First appeal court
Final appeals
The jurisdiction of the magistrates court
• jurisdiction • Magistrates • Criminal cases • There are three broad types of
criminal cases heard by magistrates :• authorising actions
Adult criminal court
•Age of defendant•Court of first instance
Youth court
• ages • magistrates • accommodation • proceedings • determine guilt or innocence • Sentencing powers. • Parents. • youth offending team.• general public.
A typical case in the magistrates court
• Joe, who is 20, is charged with car theft. He tells the police that he did not steal the car, saying that he bought it from someone else, but he cannot produce a receipt or any other documentation. Joe is arrested by the police and appears in court direct from police custody. He has one previous conviction for theft (shoplifting).
What is the difference between a magistrates court and crown court?MAGISTRATES COURT CROWN COURT
• 95% • Determine if D • J of Peace –• Magistrates: • In few courts –• D represented by
solicitor.
• Serious cases • Judge –• Judge & jury • Jury • Barristers• Formal• Cases
What are the types of offences?Category of offence
Place of trial Examples of offences
SUMMARY
TRIABLE EITHER WAY
INDICTABLE
Steven Lawrence murder
• http://www.guardian.co.uk/uk/1999/feb/23/lawrence.ukcrime9
• http://www.mirror.co.uk/news/top-stories/2011/05/18/stephen-lawrence-two-men-to-face-trial-over-murder-of-black-teenager-18-years-ago-115875-23138605/
Exam question: 10 mark
• Identify the different courts, including appeal courts, that can hear criminal courts involving adults. Outline the types of criminal offences that are dealt with by these courts.
Jan 2009 mark schemeIdentify the different criminal courts, including appeal courts, that can hear criminal casesinvolving adults. Outline the types of criminal offences that are dealt with by these courts.(10 marks)
Potential Content• (A) Identification of Magistrates Courts and outline of offences dealt with could include –summary and either way offences and examples of each. Possible reference totreatment of indictable offences
• (B) Identification of Crown Court and outline of offences dealt with could include – either wayand indictable offences and examples of each. Possible reference to appeals heard inCrown Court and sentencing when Magistrates have insufficient powers
• (C) Identification of appeal courts could include – Court of Appeal and House of Lords with possible identification of QBD Divisional Court. Grounds for appeal by prosecution and defence and orders available to appeal courts
Mark Bands
8 – 10 The candidate deals with (A)-(C) as follows:max 10: two sound, one clearmax 9: two sound, one some or one sound, two clearmax 8: two sound or one sound, one clear, one some or three clear.
5 – 7 The candidate deals with (A)-(C) as follows:max 7: one sound, one clear or one sound, two some or two clear, onesomemax 6: one sound, one some or two clear or one clear, two somemax 5: one sound or one clear, one some or three some.
3 – 4 The candidate demonstrates some understanding of two of (A)-(C) orlimited understanding of (A)-(C).
1 – 2 The answer consists of brief, fragmented comments or examples so thatno coherent explanation and application emergesormistakes and confusion fundamentally undermine a more substantialattempt at explanation and application.
0 The answer contains no relevant information.
Crime recorded by police
Police arrest suspect
Formal caution/ inf. warning
Charge or summon suspect
No further action
CPS receive papers from
police processing
Magistrates court hearing
Magistrates decline jurisdiction or D elects
trial
CPS proceed with charge
CPS discontinue case. No court action
Crown court trial
Summary offencesEither way offences
Indictable offences
Summary trial at magistrates court
What should you be able to do:
• Outline criminal court structure• Describe the jurisdiction of each court• Know how to answer exam questions on
criminal court structure
MAGISTRATES
• LEARNING OBJECTIVES:• KNOW WHAT QUALIFICATIONS ARE NEEDED
FOR A MAGISTRATE• HOW THEY ARE SELECTED• HOW THEY ARE APPOINTED• DESCRIBE THE TRAINING, ROLE AND POWERS
OF MAGISTRATES
Lay magistrates• What else are magistrates known as? • Justices of the peace• What qualifications and eligibility are required
to be a magistrate?• Lay magistrate require no special
qualifications• Must have correct personal qualities• Must be able to commit time and effort to
being a magistrate
Crime recorded by police
Police arrest suspect
Formal caution/ inf. warning
Charge or summon suspect
No further action
CPS receive papers from
police processing
Magistrates court hearing
Magistrates decline jurisdiction or D elects
trial
CPS proceed with charge
CPS discontinue case. No court action
Crown court trial
Summary offencesEither way offences
Indictable offences
Summary trial at magistrates court