1. UNIT 1: SECTION 1B –
The Criminal Courts and lay people
Outline of criminal courts and appeal
system, including classification of offences
Lay magistrates: qualification, selection and
appointment; composition of bench; training; role
and powers. Jurors: qualification and selection;
role.
The advantages and disadvantages of using lay
people in the criminal courts.

2. The criminal courts: learning
objectives
• You should be able to outline the criminal
courts
• Know how the appeal system is included in
the criminal court structure
• Know how the offences are classified

3. England and Wales Court structure

4. Outline the criminal courts and appeal
system
Criminal appeal structure: magistrates court trial Criminal appeal structure: crown
court trial
Court for initial trial:
Court for initial trial
First appeal court
First appeal court
Final appeals Final appeals

5. The jurisdiction of the magistrates court
• jurisdiction
• Magistrates
• Criminal cases
• There are three broad types of
criminal cases heard by magistrates :
• authorising actions

6. Adult criminal court
•Age of defendant
•Court of first instance

7. Youth court
• ages
• magistrates
• accommodation
• proceedings
• determine guilt or innocence
• Sentencing powers.
• Parents.
• youth offending team.
• general public.

8. A typical case in the magistrates court
• Joe, who is 20, is charged with car theft. He
tells the police that he did not steal the
car, saying that he bought it from someone
else, but he cannot produce a receipt or any
other documentation.
Joe is arrested by the police and appears in
court direct from police custody. He has one
previous conviction for theft (shoplifting).

9. What is the difference between a
magistrates court and crown court?
MAGISTRATES COURT CROWN COURT
• 95% • Serious cases
• Determine if D • Judge –
• J of Peace – • Judge & jury
• Magistrates: • Jury
• In few courts – • Barristers
• D represented by • Formal
solicitor. • Cases

10. What are the types of offences?
Category of Place of trial Examples of
offence offences
SUMMARY
TRIABLE EITHER
WAY
INDICTABLE

11. Steven Lawrence murder
• http://www.guardian.co.uk/uk/1999/feb/23/l
awrence.ukcrime9
• http://www.mirror.co.uk/news/top-
stories/2011/05/18/stephen-lawrence-two-
men-to-face-trial-over-murder-of-black-
teenager-18-years-ago-115875-23138605/

12. Exam question: 10 mark
• Identify the different courts, including appeal
courts, that can hear criminal courts involving
adults. Outline the types of criminal offences
that are dealt with by these courts.

13. Jan 2009 mark scheme
Identify the different criminal courts, including appeal courts, that can hear criminal cases
involving adults. Outline the types of criminal offences that are dealt with by these courts.
(10 marks)
Potential Content
• (A) Identification of Magistrates Courts and outline of offences dealt with could include –
summary and either way offences and examples of each. Possible reference to
treatment of indictable offences
• (B) Identification of Crown Court and outline of offences dealt with could include – either way
and indictable offences and examples of each. Possible reference to appeals heard in
Crown Court and sentencing when Magistrates have insufficient powers
• (C) Identification of appeal courts could include – Court of Appeal and House of Lords with
possible identification of QBD Divisional Court. Grounds for appeal by prosecution and
defence and orders available to appeal courts

14. Mark Bands
8 – 10 The candidate deals with (A)-(C) as follows:
max 10: two sound, one clear
max 9: two sound, one some or one sound, two clear
max 8: two sound or one sound, one clear, one some or three clear.
5 – 7 The candidate deals with (A)-(C) as follows:
max 7: one sound, one clear or one sound, two some or two clear, one
some
max 6: one sound, one some or two clear or one clear, two some
max 5: one sound or one clear, one some or three some.
3 – 4 The candidate demonstrates some understanding of two of (A)-(C) or
limited understanding of (A)-(C).
1 – 2 The answer consists of brief, fragmented comments or examples so that
no coherent explanation and application emerges
or
mistakes and confusion fundamentally undermine a more substantial
attempt at explanation and application.
0 The answer contains no relevant information.

15. Crime recorded by
police
Charge or
Police arrest
No further action suspect summon
suspect
Formal caution/ inf.
warning
CPS receive
papers from
police processing
CPS proceed with
charge
Magistrates court CPS discontinue case. No
hearing court action
Indictable offences
Either way offences
Summary offences
Magistrates decline
Crown court trial jurisdiction or D elects
trial Summary trial at magistrates
court

16. What should you be able to do:
• Outline criminal court structure
• Describe the jurisdiction of each court
• Know how to answer exam questions on
criminal court structure

17. MAGISTRATES
• LEARNING OBJECTIVES:
• KNOW WHAT QUALIFICATIONS ARE NEEDED
FOR A MAGISTRATE
• HOW THEY ARE SELECTED
• HOW THEY ARE APPOINTED
• DESCRIBE THE TRAINING, ROLE AND POWERS
OF MAGISTRATES

18. Lay magistrates
• What else are magistrates known as?
• Justices of the peace
• What qualifications and eligibility are required
to be a magistrate?
• Lay magistrate require no special
qualifications
• Must have correct personal qualities
• Must be able to commit time and effort to
being a magistrate

19. Crime recorded by
police
Charge or
Police arrest
No further action suspect summon
suspect
Formal caution/ inf.
warning
CPS receive
papers from
police processing
CPS proceed with
charge
Magistrates court CPS discontinue case. No
hearing court action
Indictable offences
Either way offences
Summary offences
Magistrates decline
Crown court trial jurisdiction or D elects
trial Summary trial at magistrates
court