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Criminal Courts - jurisdiction - The Crown Court

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The Courts Act 1971

(Therefore a creature of statute)

The Crown Court was established by The Courts Act 1971, there is only one Crown Court that sits in 78 centres.
 

When the Crown Court sits in London, it shall be named the Central Criminal Court "The Old Bailey".

Jurisdiction

 

A superior court of record deals with:

  • All cases on indictment, wherever committed,

  • Appeals from the magistrates' court against conviction or sentence,

  • Sentence in cases where accused found guilty by the magistrates but they consider they do not have the power to pass the appropriate sentence,

  • Certain civil work, such as dealing with appeals over licensing.

Constitution

Judges =
All Judges of the High Court
Court of Appeal judge requested by 'Lord Chancellor and Secretary of State for Justice' (then regarded as a judge of the High Court).
Circuit Judges
Recorders
Justices of the Peace 2-4 sit with the judge when hearing appeals, committals for sentence

Same constitution of judge and justices has jurisdiction to hear any case before the Crown Court.

 

Distribution of Crown Court Business

High Court and Crown Court centres are divided into three tiers.

(a) Fist Tier
24 court centres deal with criminal and civil work, tried by High Court judges and circuit judges.

(b) Second Tier
19 court centres deal with criminal work only, tried by High Court judges and circuit judges.

(c) Third Tier
46 court centres deal with criminal work only, cases tried by circuit judges.

 

Work distributed on the class of offence

Class I High Court judge

Misprision of treason and treason felony.
Murder.
Genocide.
Torture, hostage-taking and offences under the War Crimes Act 1991
An offence under the Official Secrets Acts.
Soliciting, incitement, attempt or conspiracy to commit any of the above offences.


Class 2
High Court judge, or a circuit judge.

Manslaughter.
Infanticide.
Child destruction.
Abortion (section 58 of the Offences against the Person Act 1861).
Rape
Sexual intercourse with a girl under 13.
Incest with girl under 13.
Sedition
An offence under section 1 of the Geneva Conventions Act 1957
Mutiny
Piracy
Soliciting, incitement, attempt or conspiracy to commit any of the above offences.


Class 3
High Court judge, a circuit judge or recorder.

All offences triable only on indictment other than those in classes 1, 2 and 4; and

Soliciting, incitement, attempt or conspiracy to commit any of the above offences.


Class 4
:
Wounding or causing grievous bodily harm with intent (section 18 of the Offences against the Person Act 1861).
Robbery or assault with intent to rob (section 8 of the Theft Act 1968).
Soliciting, incitement or attempt to commit any of the above offences.
Conspiracy at common law, or conspiracy to commit any offence other than those included in classes 1, 2 and 3.
All offences, which are triable either way.

Appeals and committal for sentence, judge sits alone, all others judge and jury.

Indictable offences

  • May refer the conviction to the Court of Appeal. And/or

  • May refer to the Court of Appeal any sentence (not one fixed by law) imposed on the conviction.

Summary offences (magistrates' court)

May refer the conviction to the Crown Court, and/or

Refer the sentence to the Crown Court.

Crown Court, may not ‘up’ the sentence.  Court of Appeal can.

May grant bail

Must be real possibility that conviction or sentence would not be upheld.

 

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