• 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.

    Resulting of this, the Lord Chancellor has introduced new reforms so that defamation civil actions with a jury may be less costly. With the increase in County Court jurisdiction, parties can now agree to the case being transferred to the County Court where a jury of eight may be used

  2. Non-Fatal Offences - Notes and Evaluation.

    As S18 is a specific intent offence, the Mens Rea requires that the defendant be proved to have intended to do some grievous bodily harm or maliciously resist or prevent the lawful apprehension or detainer of any person. This means that recklessness is not enough for the Mens Rea of S18.

  1. Law - Unit 3 - Mock Exam Question

    past convictions of a similar kind, failure to respond to previous sentences, the seriousness of injuries inflicted, whether a weapon was used and if so what type of weapon, whether the offence was premeditated, whether the victim was particularly vulnerable.

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

    Identify the entry, search and seizure powers of the following government agencies with regards to businesses. Health and safety inspectors Health and safety inspectors work to look after people's health and safety by making sure risks in the workplace are controlled.

  1. 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.

  2. Free essay

    police powers

    * Being allowed to consult the code of practice. The detained have the right to get legal advice weather it is there own solicitor or they can use the system of duty solicitors which is provided free. The senior officer can delay the right to have legal advice for up to 36 hours.

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