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Questions and Answers
What is a significant advantage of choosing a Crown Court trial over a Magistrates Court trial for the prosecutor?
Which of the following is a disadvantage of having a trial in Magistrates Court for the prosecutor?
What is a unique feature of summary trials compared to Crown Court trials?
During a committal hearing with consideration of the evidence, what is the prosecution required to establish?
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Which statement is true about the publicity associated with Crown Court trials?
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What is a potential disadvantage of having a trial in the magistrates' court?
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Which of the following is an advantage of a crown court trial?
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In what scenario might a nervous client benefit from being tried in the magistrates' court?
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What factor tends to lead to a higher acquittal rate in crown court trials?
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Study Notes
Magistrates' Court vs. Crown Court Trials
- When a magistrate decides a case should be tried summarily, the defendant chooses whether to be tried in the magistrates' court or the crown court.
- Crown Court trials have a higher acquittal rate, potentially due to juries' non-legalistic perspectives.
- Disputed evidence heard during the voir dire is not presented to the jury in a Crown Court, but magistrates must hear it and attempt to disregard it.
- Crown Court trials offer the potential for a delay, which can benefit the defense by allowing more time for case preparation and testing the prosecution's case.
- Defense costs can be recovered in a crown court trial under a Recovery of Defence Costs Order.
- The Crown Court has greater sentencing powers, including custody and fines.
- Magistrates' courts have less sentencing power than the Crown Court.
- Magistrates' court trials have shorter delays.
- Crown Court trials attract more publicity.
- Crown Court trials are considered more stressful.
- In summary proceedings there is no need for the defense to serve a defense statement as with crown court trials.
Committal Hearings
- Following a mode of trial hearing where a defendant elects for a crown court trial, or the magistrates decline jurisdiction, the case is adjourned for 6-8 weeks.
- During this adjournment the prosecution is required to submit a prima facie case against the accused.
- The committal bundle, containing evidence including witness statements and exhibits, and a draft indictment, is provided to the defense solicitor during the adjournment.
- Committal hearings can be held with or without consideration of the evidence.
- Hearings with consideration of evidence are usually held if the defendant is unrepresented or their solicitor wants to make "no case to answer" representations.
- Live evidence is not called, and the prosecution can only read from witness statements.
- Hearings without consideration of evidence are largely administrative.
- The charge is read to the defendant who is not expected to plead.
- The defense solicitor must ensure that all evidence has been correctly served.
Other Committal Issues
- Case management directions are established, including setting a date for a Plea and Case Management hearing.
- Initial disclosure, defense statement, and notification of defense witnesses for trial are standard directions.
- Bail is usually extended to cover the crown court proceedings.
- The prosecution must serve used and unused material, and the defense can object to witness statements being read during trial.
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Description
This quiz explores the key differences between magistrates' court trials and crown court trials. It delves into aspects such as acquittal rates, voir dire procedures, sentencing powers, and the implications of publicity in court cases. Gain insights into how these courts operate and their unique characteristics.
