Criminal Courts - Classification of Offences and cases of first instance in the Magistrates' court Flashcards Preview

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Flashcards in Criminal Courts - Classification of Offences and cases of first instance in the Magistrates' court Deck (4)
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1
Q

Summary Offences

A

Heard in the Magistrates’ court.

E.g. Assault.

2
Q

Triable either way Offences

A

Heard in the Magistrates’ court of the Crown Court.

E.g. ABH

3
Q

Indictable Offences

A

Heard in the Crown Court.

E.g. S18 OAPA 1861

4
Q

Cases of first instance in the Magistrates’ court

A
  • There are 3 lay Magistrates who hear evidence, reach a verdict and decided on a sentence for the defendant.
  • They hear two types of offences: Summary and Triable either way.
  • The Magistrates’ court hear the mode of trial for triable either way offences and from there, the case will be either assigned to the Magistrates’ court or the crown court. The decision as to where the case is heard is decided by both D and the Magistrates. A triable either way offence will stay in the Magistrates’ court if D pleads guilty OR D pleads not guilty but opts for trial in the Magistrates’ court.
  • The Magistrate’s court also hears the preliminary hearings for indictable offences to be heard in the Crown Court.