• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Describe, the way it is decided in which court the criminal trial will be held. Include all categories of offence.

Extracts from this document...

Introduction

Describe, the way it is decided in which court the criminal trial will be held. Include all categories of offence. There are two courts that hear criminal trials; Magistrates' and Crown Court. To decide the right court for the trial, this involves the category of crime implicated in the charge. Summary offences can only be tried at the Magistrates' Court; indictable offences can only be tried at the Crown Court, while triable either way offences may be tried at either court. Summary offences are the least serious criminal offences and are sub-divided into offences of different 'levels' - level one being the lowest level and level five is the highest. The use of levels allows a maximum fine to be set for each level which is increased in the line with inflation from time to time. The current maximum fines date from the Criminal Justice Act 1991 and are level one: maximum �200, level two: �500, level three: �1,000, level four: �2,500 and level five: �5,000. ...read more.

Middle

7. The magistrates decide the sentence. If the defendant pleads guilty the procedure becomes more complicated, as both sides produce evidence to the court. Since the burden of proof is on the prosecution, it will begin the case - usually by making a short speech outlining what the case is about and what they hope to prove. Prosecution witness will then be called one at a time to give evidence, and prosecutor will question each to establish what he or she saw and heard which is called the examination of the chief. The defence will then cross-examine that witness to test their evidence and try to show that it is not reliable. At the end of the prosecution case the defence can submit to the magistrates that there is no answer and that the case should be dismissed at this point, because the prosecution has to prove the case and if its evidence does not establish a case, then it must be dismissed. ...read more.

Conclusion

If sufficient the offender will be sentenced. If not, they will send the defendant to the Crown Court for sentencing. If the defendant pleads not guilty the magistrates must carry out 'Mode of Trial' proceedings to establish where the case will be tried. Under s 19 of the Magistrates' Court Act 1980 they must consider the nature and seriousness of the case, their own powers of punishment and any representations of the prosecution and defence. In rare cases where the Attorney-General, Solicitor-General or the Director of the Public Prosecutions is the prosecutor, the magistrates, under s 19(4) of the Magistrates' Court Act 1980, must send the case to the Crown Court if that is what the prosecution wants. Magistrates decide whether or not to accept jurisdiction. If the magistrates accept jurisdiction, the defendant elects place of trial; Magistrates' or Crown Court. If the magistrates refuse jurisdiction the defendant is sent to the Crown Court for trial. Notes: Did not mention indictable offences and which court they are held in. ?? ?? ?? ?? Law Essay: Courts Hierarchy By Ka-Shing Cheung Grade (B+) 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Marked by a teacher

    Murder - Notes and Evaluation.

    4 star(s)

    redefining the point when life begins, which would possibly conflict with abortion laws. The Mens Rea of murder includes the intention to kill, but also the intention to cause G.B.H., and it can be debated as to whether the latter is enough.

  2. Marked by a teacher

    Voluntary Manslaghter - Notes and Evaluation.

    3 star(s)

    An abnormality of the mind This is "a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal" (Byrne 1957). The Court of Appeal held that "abnormality of mind" is wide enough to cover: the perception of physical acts and

  1. Law - Unit 3 - Mock Exam Question

    Lord Atkin said "You must take care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. This became known as the neighbour test and there are three factors the court will consider when deciding whether a duty of care exists.

  2. Discuss whether trial by jury should be retained or abolished.

    has been associated with the legal system for years may most often have some sort of recollection to a similar case, or similar circumstances and have a degree of prejudice. However, it is argued that owing to this, judges are more emotionally detached as it is their job and see

  1. Free essay

    police powers

    The power to search premises - The police have the power to search premises to get enough evidence for their case, the police have the power to enter a person's premises with out their permission if the have a warrant authorising the search this will be issued by a magistrate.

  2. Outline the range of duties undertaken by lay magistrates. Comment on how well Lay ...

    The lay magistrates are also not required to know any prior legal knowledge. The emphasis is on selecting people who have the right personal qualities and on trying to ensure that the bench in the court reflects that of its community it serves.

  1. Liability in criminal law requires the prosecution to establish that the accused has caused ...

    It is possible to say that the ignorance in fact caused the victim's death. It seems that a judge has the choice when directing the jury to either follow Smith or Cheshire, and it appears that both ways would absolve the NHS.

  2. Property Offences, Corporate Manslaughter and Police Powers of Search and Entry.

    for anything that might be used to help a person escape or for evidence regarding to the offence that has led to the arrest. For some situations a police officer of the rank of inspector can provide the police with the agreement to make searches in a specific field for a certain time.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work