Criminal Litigation questions and answers (correct and explained) with latest updated verified 100%

Criminal Litigation questions and answers (correct and explained) with latest updated verified 100% What is an offence triable either way? - 'offence triable either way' means an offence, other than an offence triable on indictment only by virtue of [s. 40] of the Criminal Justice Act 1988 which, if committed by an adult, is triable either on indictment or summarily What is a summary offence? - 'summary offence' means an offence which, if committed by an adult, is triable only summarily What is an 'indictable offence'? - 'indictable offence' means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way What is the classification of Assault Occasioning Actual Bodily harm contrary to s47 of the OAPA? - Triable either way What is the classification of wounding or inflicting grievous bodily harm contrary to s20 OAPA? - Triable either way What is the classification of theft? - Triable either way What is the classification of robbery? - Indictable only What is the classification of burglary? - Triable either way EXCEPT 1) Aggravated burglary 2) Burglary comprising the commission of or an intention to commit, an indictable only offence 3) Burglary in a dwelling if any person in the dwelling was subjected to violence or the threat of violence Which are indictable only What is the classification of fraud? - Triable either way What is the classification of rape? - Indictable only What is the classification of common assault? - Summary only What is the classification of intentional wounding or inflicting grievous bodily harm contrary to s18 OAPA? - Indictable only What is the classification of criminal damage? - Triable either way But criminal damage of a value of less than £5000 is treated as being summary only What is the classification of possession of class A drugs? - Triable either way What is the classification of possession of class A drugs with intent to supply? - Triable either way What is the classification of possession of class B drugs? - Triable either way What is the classification of class B drugs with intent to supply? - Triable either way How many Crown Courts are there? - The Crown Court is regarded as a single court. It follows that, although the Crown Court sits in many different locations and a case will normally be tried at a location near where the offence allegedly occurred, the trial may take place at any location of the Crown Court. What is the appropriate court of appeal from the Crown Court? - When it exercises its jurisdiction in relation to trials on indictment, appeals from its decisions lie only to the Court of Appeal (Criminal Division), just as appeals from the High Court go to the Court of Appeal (Civil Division). On the other hand, decisions of the Crown Court which do not relate to trial on indictment (e.g., a decision taken in respect of an appeal from a magistrates' court) may be challenged in the High Court either by an appeal by way of case stated or by application for judicial review (see ss. 28(2) and 29(3) of the 1981 Act). Who can exercise the jurisdiction of the Crown Court? - (1) The jurisdiction of the Crown Court shall be exercisable by— (a) any judge of the High Court; or (b) any circuit judge, recorder, qualifying judge advocate or District Judge (Magistrates' Courts); or (c) subject to and in accordance with the provisions of sections 74 and 75(2), a judge of the High Court, circuit judge, recorder or qualifying judge advocate sitting with not more than four justices of the peace, and any such persons when exercising the jurisdiction of the Crown Court shall be judges of the Crown Court. How many justices (magistrates) must sit on an appeal from a magistrate's court? - For the hearing of appeals from a magistrates' court, the Crown Court must normally include not less than two and not more than four justices, none of whom took part in the decision under appeal (Senior Courts Act 1981, s. 74(1); CrimPR 34.11(1)(a)). The exceptions are that the Crown Court may include only one justice of the peace if the presiding judge decides that the start of the appeal hearing would otherwise be delayed unreasonably, or else one or more of the justices who started hearing the appeal is absent (r. 34.11(2)(a)). How are decisions made in the Crown Court where a judge is sitting with justices? - When the Crown Court comprises a judge sitting with a justice or justices, the decision of the court may be by a majority (Senior Courts Act 1981, s. 73(3)). It follows that the justices may out-vote the professional judge, although if an even-numbered court is equally divided the professional judge has a casting vote (s. 73(3)). Can a person convicted in the Magistrates Court appeal against their conviction and/or sentence? - A person convicted by a magistrates' court may, if he pleaded not guilty, appeal to the Crown Court against conviction and/or sentence; if he pleaded guilty, he may appeal only against sentence Does the Crown Court have jurisdiction to grant bail? - As well as being able to grant bail during the course of a trial on indictment or other proceedings before it, the Crown Court has jurisdiction, inter alia, to grant bail to a person: (a) who has been sent to it in custody for trial or sentence; (b) who is appealing to it from a magistrates' court following the imposition of a custodial sentence by the justices; (c) who is appealing from it to the Court of Appeal and has been granted a certificate that the case is fit for appeal; or (d) who has been remanded in custody by a magistrates' court following an argued bail application (Senior Courts Act 1981, s. 81). What is a justice of