Revise Criminal courts and criminal process for Cambridge 9084 (1.2.3)

The Magistrates' Court is the starting point for all criminal cases in England and Wales, handling over 95% of the total criminal caseload. It is staffed primarily by lay magistrates (Justices of the Peace), who are unpaid volunteers from the local community, and legally qualified District Judges. They are assisted by a legally qualified clerk or legal adviser. The court's jurisdiction, conferred by the Magistrates' Courts Act 1980, covers all summary offences (e.g., common assault, s.39 CJA 1988), which are tried and sentenced exclusively here. It also deals with the preliminary stages of more serious cases, handling bail, early administrative hearings, and sending cases to the Crown Court.

The Crown Court is the senior court of first instance for criminal cases, dealing with the most serious offences. Its primary function is to conduct trials on indictment, where a jury of 12 citizens decides on matters of fact (guilt or innocence), while a judge presides and rules on matters of law. The court is presided over by a High Court Judge (for cases like murder), a Circuit Judge, or a Recorder (a part-time judge). The Crown Court has jurisdiction over all indictable offences (e.g., murder, robbery) and triable either way offences sent from the Magistrates' Court. Its sentencing powers are extensive, limited only by the maximum penalty prescribed by Parliament, which can include life imprisonment.

Criminal offences are classified into three categories, which determines the court process. Summary offences are tried only in the Magistrates' Court. Indictable offences are tried only in the Crown Court. Triable either way (TEW) offences, like theft or ABH, can be heard in either. For TEW offences, the 'plea before venue' procedure (s.17A MCA 1980) happens first in the Magistrates' Court. If the defendant pleads not guilty, a 'mode of trial' hearing follows. Magistrates first decide if the case is suitable for their jurisdiction, considering factors like the seriousness of the offence and their sentencing powers (s.19 MCA 1980). If they accept jurisdiction, the defendant is given the choice to be tried summarily by the magistrates or to elect for trial by jury in the Crown Court.

The criminal appeals system provides a mechanism to challenge convictions or sentences. From the Magistrates' Court, a defendant can appeal to the Crown Court against conviction or sentence for a complete rehearing. Alternatively, an appeal can be made by either side to the High Court (Divisional Court) on a point of law, known as an 'appeal by way of case stated'. From the Crown Court, appeals are made to the Court of Appeal (Criminal Division), but require leave (permission). The key ground is that the conviction is 'unsafe' (s.2 Criminal Appeal Act 1968). For those who have exhausted all appeal routes, the Criminal Cases Review Commission (CCRC) can refer a case back to the Court of Appeal. The final appellate court for both routes is the Supreme Court, which hears appeals on points of law of general public importance.