AC 2.2
● Within the criminal system there are three types of offences:
○ summary
■ Summary offences are minor offences such as motor crimes or
battery, and these go to a magistrates court.
○ triable either way
■ Triable either way cases can go to either a magistrates court or crown
court depending on the seriousness of the offence.
● For example,
○ theft in a corner shop would go to a magistrates court,
but theft of a car would go to crown court.
○ Indictable offences.
■ Indictable offences are the most serious, and include things like
murder or rape;
● these cases go to crown court.
● There are four types of courts within the criminal justice system.
○ The magistrates court is the lowest in the hierarchy
■ they initially hear every single case before deciding which cases will
be moved on to the next court.
● 95%of cases are heard here.
○ These cases are usually the more serious offences
■ include triable either way offences.
○ The magistrates court is made up of three magistrates
■ known as lay people
● who are not legally qualified
○ but receive help from a legal clerk for sentencing.
■ The magistrates decide on the verdict and
sentence
● but powers of sentencing are limited to
six months in prison or a £5000 fine.
● The next court in the hierarchy is the crown court,
○ which hears all indictable cases and serious triable either way cases.
■ It consists if a judge and jury
● which is made up of twelve people representative of the UK
population.
○ The verdict is decided by a jury,
■ however
● the sentence is given by a judge.
○ Usually,
■ a unanimous verdict is required,
● however,
○ if this can't happen,
■ the judge may accept a majority verdict of 10/12
people.
, ○ The judge acts as a referee,
■ guiding the jury and explaining points of law,
● but their main job is to pass the sentence.
○ A trial by jury is only arranged when a defendant pleads
not guilty,
■ but in rare cases
● it is also possible for a judge to sit alone
and determine a verdict
○ under the Criminal Justice Act
2003.
● The court of appeal
○ hears appeal from the crown court after a verdict or sentence has been given
■ To go back to the court of appeal,
● the defendant or prosecution needs leave to appeal by a judge
○ which grants them permission to continue with their
case.
○ A defendant may choose to appeal their verdict, or a prosecution
■ to ensure a verdict is safe, and that a miscarriage of justice is not
occuring
● as if there are any mistakes during trial
○ a defendant may require compensation.
■ The judge who hears the case in the court of
appeal may order a retrial
● vary a sentence or quash a verdict.
● The Supreme Court, formerly the house of lords
○ is the highest court in the UK
■ hears the most serious cases.
● However,
○ for the 12 justices of the supreme court to hear the
case
■ it must involve a point of that that is of public
importance
● leave to appeal is also required.
○ The decision of the court is final
■ binds all courts to the same verdict.
● They also have the power to change the law, or create a new
law
○ if they feel this is necessary
● Bail
○ when a defendant is free until the next stage of the case
■ can be either conditional or unconditional.
● People can be released on bail at any point after an arrest
○ such as
■ prior to charge
■ pending hearing.
● Within the criminal system there are three types of offences:
○ summary
■ Summary offences are minor offences such as motor crimes or
battery, and these go to a magistrates court.
○ triable either way
■ Triable either way cases can go to either a magistrates court or crown
court depending on the seriousness of the offence.
● For example,
○ theft in a corner shop would go to a magistrates court,
but theft of a car would go to crown court.
○ Indictable offences.
■ Indictable offences are the most serious, and include things like
murder or rape;
● these cases go to crown court.
● There are four types of courts within the criminal justice system.
○ The magistrates court is the lowest in the hierarchy
■ they initially hear every single case before deciding which cases will
be moved on to the next court.
● 95%of cases are heard here.
○ These cases are usually the more serious offences
■ include triable either way offences.
○ The magistrates court is made up of three magistrates
■ known as lay people
● who are not legally qualified
○ but receive help from a legal clerk for sentencing.
■ The magistrates decide on the verdict and
sentence
● but powers of sentencing are limited to
six months in prison or a £5000 fine.
● The next court in the hierarchy is the crown court,
○ which hears all indictable cases and serious triable either way cases.
■ It consists if a judge and jury
● which is made up of twelve people representative of the UK
population.
○ The verdict is decided by a jury,
■ however
● the sentence is given by a judge.
○ Usually,
■ a unanimous verdict is required,
● however,
○ if this can't happen,
■ the judge may accept a majority verdict of 10/12
people.
, ○ The judge acts as a referee,
■ guiding the jury and explaining points of law,
● but their main job is to pass the sentence.
○ A trial by jury is only arranged when a defendant pleads
not guilty,
■ but in rare cases
● it is also possible for a judge to sit alone
and determine a verdict
○ under the Criminal Justice Act
2003.
● The court of appeal
○ hears appeal from the crown court after a verdict or sentence has been given
■ To go back to the court of appeal,
● the defendant or prosecution needs leave to appeal by a judge
○ which grants them permission to continue with their
case.
○ A defendant may choose to appeal their verdict, or a prosecution
■ to ensure a verdict is safe, and that a miscarriage of justice is not
occuring
● as if there are any mistakes during trial
○ a defendant may require compensation.
■ The judge who hears the case in the court of
appeal may order a retrial
● vary a sentence or quash a verdict.
● The Supreme Court, formerly the house of lords
○ is the highest court in the UK
■ hears the most serious cases.
● However,
○ for the 12 justices of the supreme court to hear the
case
■ it must involve a point of that that is of public
importance
● leave to appeal is also required.
○ The decision of the court is final
■ binds all courts to the same verdict.
● They also have the power to change the law, or create a new
law
○ if they feel this is necessary
● Bail
○ when a defendant is free until the next stage of the case
■ can be either conditional or unconditional.
● People can be released on bail at any point after an arrest
○ such as
■ prior to charge
■ pending hearing.
