Unit 3 Law for Business Week 2 Criminal

Unit 3 – Law for Business Week 2 – Criminal Courts Structure Fda Business Victoria Grace

Introduction • Criminal courts deal with people that have broken the law matters • Involve the police • http: //www. justis. com/support/faqcourts. html#county (gives info on courts) Fda Business Victoria Grace

Research activity • In pairs choose one of the kinds of law that the criminal courts deal with and find out more about it. Explain what the crime is, which court it is heard in and what the sentencing is. Fda Business Victoria Grace

Youth Court • Magistrates court can deal with people under 18 but only if they are tried with an adult • Homicide and rape always heard in Crown Court e. g. Jamie Bulger case • Could send to Crown court if a harsher sentence is needed • Not open to the general public • Magistrates and district judge will have specialist training in dealing with young people Fda Business Victoria Grace

Magistrates Court • Role – Most junior of the courts – Vital part of the legal system due to case load – Over 400 magistrates courts in England Wales • Staff – Magistrates whose decision it is to decide guilt or innocence – Maximum sentence 6 months or and fine up to £ 5000 – If sentencing needs to be harsher they can pass it up to the Crown Court – Around 90% of people appearing in the magistrates court pleads guilty Fda Business Victoria Grace

Magistrates Court Function: • 97 per cent of criminal cases • Civil family matters such as adoption, custody and maintenance • Granting of warrants and summonses and bail applications • Granting of licences, e. g. for the sale of alcohol Fda Business Jurisdiction: • Juvenile jurisdiction (offenders aged 10 – 17) • Summary jurisdiction • Jurisdiction over some triable either-way offences • Committal for trial for indictable offences Victoria Grace

Crown Court • Was established in 1971 – created to replace the system of Assizes and Quarter sessions, which were outdated and unable to cope effectively with the rise in criminal cases. Fda Business Victoria Grace

Crown Court • Jurisdiction – Criminal trials of indictable and some triable either way offences – Appeals against the decision of the magistrates – Some High court civil matters • Categories of offence: – Class 1 – Murder, treason, offences under the official secrets Act – Class 2 – Manslaughter, Rape – Class 3 – indictable and triable either way offences – Class 4 – robbery, Assault, GBH • Tried by either; High Court judge, Circuit judge or Recorder Judge Fda Business Victoria Grace

Court of Appeal (Criminal Division) • C of A split into civil and criminal • Presided over by the Lord Chief Justice • Deals with appeals against conviction, appeals against sentence, unduly lenient sentence, points of law Fda Business Victoria Grace

Discussion Activity • Should criminal convictions have an automatic right of appeal? What are the advantages and disadvantages of this? Fda Business Victoria Grace

RESEARCH ACTIVITY • In pairs using the internet and law text books find two cases that have been heard in all of the courts that have been mentioned. • The following resources may prove useful; www. thetimes. co. uk, www. justice. gov. uk, www. direct. gov. uk, www. hmcourtsservice. gov. uk, law text books Fda Business Victoria Grace

Summary Offences • Dealt with by the Magistrates court • Considered less serious • Punishable by max. 6 months sentence or/and £ 5000 fine • Examples: – – – Minor assaults Driving without insurance Indecent exposure Assault on a police officer Taking without owners consent (TWOC) Fda Business Victoria Grace

Indictable offences • Appear in Magistrates firstly • More serious crimes may be passed to Crown Court generally more serious and can be anything up to life imprisonment • Examples include: – – – Murder Manslaughter Rape Blackmail Aggravated burglary Fda Business Victoria Grace

Triable either way • Can be tried in either court • Tend to be middle way offences; • Examples: – – – Indecent assault Making off without payment Obtaining services by deception Going equipped for stealing Handling stolen goods Possession of a controlled drug Fda Business Victoria Grace