• 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)

    not a 'person in being' which has been seen as unfair in certain circumstances, as families have lost a mother and child but the killer will not be punished for the death of the child. However, extending the definition of murder to cover the death of a foetus would involve

  2. Marked by a teacher

    Voluntary Manslaghter - Notes and Evaluation.

    3 star(s)

    as substantially impaired his mental responsibility for his acts and omission in doing or being a party to the killing." The burden of proving Diminished Responsibility is on the defendant, unlike other defences; this is because everybody is presumed to be sane unless proven otherwise.

  1. 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

  2. Non-Fatal Offences - Notes and Evaluation.

    Wounding (S20 OAPA 1861) For this offence to be proved it must be shown that the defendant wounded or inflicted grievous bodily harm, and that he did this intending some injury to be caused or being reckless as to whether grievous bodily harm was inflicted.

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

    what they think they might find when they search a person All of these situations, the police have a right to stop and search a person, they do not want you to take off any clothing, other than an outer coat, gloves or jacket.

  2. A person who genuinely attempts to commit a criminal offence and fails still deserves ...

    The acts were more than merely preparatory to the commission of the intended offence and therefore he should be punished as if the package really contained the drugs. Lack of punishment for a genuine attempt to commit a criminal offence will in some cases give incentive and opportunity for the

  1. The History and Main Features of Criminal Law in the USA.

    More than car accidents, mugging, and rapes combined. Kidnapping, is the willful and unlawful seizing, confining, and carrying away of another person by either force, threat of force, fraud or deception. Kidnapping requires intent to act without the authority of the law.

  2. Critically discuss the Labour Governments record of crime control since coming to power in ...

    in the criminal justice system is clearly an important prerequisite for an effective system, and the BCS is thus effective in this way in helping to shape policy decisions. As well as people?s attitudes to crime and towards the criminal justice system, including the police and the courts, the BCS

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