Recap What are the three types of criminal offences Summary Offences relatively minor triable only in Magistrates Court This covers most offences eg common assault most motoring offences Maximum sentence 6 months ID: 484962
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Slide1
Criminal Courts SystemSlide2
Re-cap – What are the three types of criminal offences?
Summary Offences
– relatively minor, triable only in Magistrates’ Court. This covers most offences – e.g. common assault, most motoring offences. Maximum sentence = 6 months
Either-way Offences
– can be tried in either Magistrates’ Court or Crown Court. Pre-trial matters always dealt with in Magistrates’ Court
Indictable Offences
– most serious offences – e.g. murder, rape, robbery. Must be tried in Crown Court (judge and jury
)
Can you give an example of each?Slide3
Jurisdiction
of Magistrates’ Court
Jurisdiction = the
extent of a court’s power
over particular legal disputes
Issuing
arrest and search warrants
Deciding on
bail applications
Conducting
sending-for-trial hearings
– for indictable offences which must be sent to the Crown Court for trial
Conducting
committal for trial hearings
– for either-way-offences which are committed to the Crown Court for trial
Trying summary offences
Trying either-way-offences
that are to be tried summarily Slide4
Jurisdiction
of the Crown Court
Trying indictable offences
Trying either-way offences
which are to be tried on indictment
Sentencing
where the case has been sent by Magistrates Court to Crown Court for trial
Hearing
appeals from Magistrates’ Court
against conviction or sentenceSlide5
Offences we have looked at
Offence
Type
Court
Assault
Summary
Magistrates’
Battery
Summary
Magistrates’
S.47 Offences Against the Persons
Act 1861
Either-way
Magistrates’/Crown
S.20 Offences Against the Persons Act 1861
Either-way
Magistrates’/Crown
S.18 Offences Against the Persons Act 1861
Indictable
CrownSlide6
Burden
and
Standard of Proof
Burden of proof is on the prosecution
D must be proved by P to have committed the guilty act whilst having had the guilty state of mind for the crime with which he is charged
Standard of proof
–
“beyond reasonable doubt”
– if this cannot be proved D will be acquitted