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Any magistrates/lawyers able to help me with a magistrates question???!!

3 replies

cyan · 31/01/2007 20:52

hello!!
i have my media law exam tomorrow and wondered if anyone knew the 3 criminal offences which are dealt with in a mags court?

i thought it might be summary, triable either way and indictable, but then im pretty sure indictable offences are tried in a crown court.

please someone help me!!!

OP posts:
SturdyAngel · 31/01/2007 20:57

Straight from my book-

All criminal proceedings begin in the magestrates courts and well over 90% end there

The main types of hearings are
Trial of summary offences
Bail applications
Issue of summonses and warrents for arrest or search
Youth Courts
Plea before venue hearinds
Committal proceedings for Crown Court trial or sentence

Lilymaid · 31/01/2007 21:17

This is from the HM CS (Courts Service) Website:
Criminal Jurisdiction in the Magistrates' Courts

All criminal cases will first go to the Magistrates' Court. Criminal offences are divided into three main categories:

  1. Summary offences - These are the least serious offences and are tried in the Magistrates' Court e.g. driving offences, drunk and disorderly, common assault and criminal damage which has caused less than £5000 worth of damage.
  2. Triable either way offences ? These can be regarded as the middle range of crimes and include a wide variety of crimes e.g. theft, assault causing actual bodily harm. These can be tried in either the Magistrates' Court or Crown Court.
  3. Indictable Offences ? These are the more serious crimes and include murder, manslaughter and rape. All indictable offences must be tried at the Crown Court, but the first hearing is dealt with at the Magistrates' Court. The magistrate will decide if the defendant should be given bail. The case is then transferred to the Crown Court.

NB In addition Magistrates' Courts deal with all ancillary matters connected to criminal cases e.g. issuing warrants for arrest and deciding bail applications. They also try cases in the Youth Court where the defendants are aged 10 to 17.

I think the 3 types of offences are therefore - summary, triable either way and thirdly applications for bail for indictable offences.

yackertyyack · 31/01/2007 23:15

HI Cyan....haven't a clue but sending you LOADS OF LUCK for tomorrow! Am sure you will pass with flying colours.

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