How is criminal justice dispensed?
There are 2 kinds of criminal trials: ‘summary’ and ‘on indictment’. A summary trial takes place in the Magistrate’s Court while an on indictment trial takes place in the Crown Court. However, despite these 2 venues, all criminal trials invariably commence in the Magistrate’s Court and then move upwards. In the Magistrate’s Court, a criminal case may begin either by the defendant being charged and brought forcibly before the magistrate or by being summoned. There are 3 types of offences: ‘indictable only’, ‘summary’ and ‘either way’. Indictable offences are serious offences such as murder, rape and are referred to the Crown Court by the magistrate on the first appearance of the defendant before this Court. Summary offences are less serious ones such as motoring offences which are mostly decided in the Magistrate’s Court itself (over 90% cases) while only a few are sent to the Crown Court. Either way offences are intermediate offences such as theft and low value criminal damage, which m
