INTRODUCTION TO

CRIMINAL LITIGATION
 Syllabus and Assessment
• All the topics must be covered in order to achieve a good
grade in the assessment

• The summative assessment will be set and marked centrally

by the BSB. It will consist of one paper with 75 multiple
choice questions (MCQs) and the examination will last three
hours.
 The structure of the criminal courts

• Lets see a flow chart

• In England and Wales there are two types of criminal court:

• the magistrates’ court and the Crown Court
 Magistrates’ courts
• The court will comprise either ‘lay justices’ or a District Judge
(Magistrates’ Courts).
• Lay justices are members of the public who have gone through a
selection and training process to enable them to sit as magistrates (or
‘justices of the peace’, as they are sometimes known); they will not be
legally qualified.
• A District Judge, on the other hand, is legally qualified (as a solicitor or
barrister).
• The court is assisted by a ‘clerk’ or (as they tend to be known now)
‘court legal adviser’, who will be legally qualified and will be able to
advise the magistrates on points of law and evidence.
• The defendant’s first court appearance in a criminal
case will always be in a magistrates’ court, but whether
he will be tried there depends on other factors.
• The accused will only be tried in the magistrates’ court
if either (a) the offence is a ‘summary’ offence, or (b)
the offence is triable either way, and both the accused
and the magistrates have agreed that the case should
be tried ‘summarily’ (i.e. in a magistrates’ court).

• Justices and District Judges are addressed as ‘sir’ or

‘madam’.
 The Crown Court
• The Crown Court exercises three different jurisdictions.
• Firstly, it is a trial court.
• If an offence is triable only on indictment, or if the offence is
triable either-way but the mode of trial/allocation hearing
resulted in trial in the Crown Court, the trial will take place in
the Crown Court.
• Usually the trial will take place before a judge and jury
(although there are certain instances, for example where jury
intimidation has taken place or is likely to take place, when
the trial can take place in front of a judge sitting without a
jury).
• Secondly, the Crown Court deals with committals for
sentence from magistrates’ courts.
• This occurs where a defendant pleads guilty to, or is
found guilty of, an either-way offence in a magistrates’
court, but that court takes the view that its sentencing
powers are insufficient.
• In such a case, the defendant is committed for sentence
to the Crown Court, which has greater sentencing
powers.
• When dealing with committals for sentence, the Crown
Court comprises a judge sitting alone.
• Thirdly, the Crown Court is an appellate court, hearing
appeals (against conviction and/or sentence) from
magistrates’ court. When the Crown Court is exercising this
jurisdiction, it comprises a judge and two lay justices.
• There are three types of Crown Court judge:
• High Court judges, who deal only with very serious cases
(addressed ‘my Lord’ or ‘my Lady’ and referred to ‘your
Lordship’ or ‘your Ladyship’);
• Circuit judges (addressed as ‘your honour’); and
• Recorders, who are part-time judges (addressed as ‘your
honour’).
 CLASSIFICATION OF OFFENCES
• 'Summary' offences (must be tried in magistrates' court).

• 'Indictable' offences:
– 'triable either-way' (may be tried in Crown Court or magistrates' court);

– 'indictable-only' (must be tried in Crown Court).

 THE PROCEDURAL DIFFERENCES BETWEEN THE THREE TYPES OF
OFFENCE

• Summary offence:
• D appears in a magistrates’ court;
• D enters plea:
• Guilty’ > sentencing stage;
• Not guilty’ > trial (in magistrates’ court).
• Either-way offences
• D appears in a magistrates’ court;
• There is a ‘Plea Before Venue’ hearing:
• ‘Guilty’: sentence is passed or D is committed to the Crown Court for
sentence;
• ‘Not guilty’ > determination of mode of trial:-
• Mode of Trial/Allocation hearing:
• Decision in favour of summary trial > the case is sent to the Crown
Court for trial;
• Decision in favour of summary trial > magistrates’ court trial.
• Indictable-only offences
• D appears in a magistrates’ court;
• Case sent transferred to Crown Court;
• Early Guilty Plea hearing is D requests one;
• If D pleading Not Guilty: preliminary hearing, then
Plea and Case Management Hearing (‘PCMH’).
End of Today’s Session