How are criminal cases classified, in which courts are they tried, and what are the routes of appeal?
The criminal courts: the classification of offences (summary, either-way and indictable), the jurisdiction of the Magistrates Court and the Crown Court, the pre-trial procedure and the criminal appeal routes; the aims of sentencing.
An Eduqas A-Level Law guide to the criminal courts and the appeal system. Explains the classification of offences, the Magistrates Court and Crown Court, pre-trial procedure, the criminal appeal routes and the aims of sentencing, with worked exam answers and the application the paper rewards.
Reviewed by: AI editorial process; not yet individually human-reviewed
Have a quick question? Jump to the Q&A page
Jump to a section
What this dot point is asking
Eduqas Component 1 requires you to know how criminal cases move through the system: how offences are classified, the jurisdiction of the Magistrates Court and the Crown Court, the pre-trial procedure, the appeal routes, and the aims of sentencing. The skill is to advise on trial venue and appeal route for a set of facts (AO2) and to explain the system precisely (AO1).
The answer
Classification of offences
The two trial courts
The Magistrates Court deals with all summary cases and many either-way cases, before a bench of lay magistrates (advised by a legal adviser) or a district judge. Its sentencing powers are limited (currently up to 6 months for a single offence, with power to commit to the Crown Court for sentence). The Crown Court tries indictable and elected either-way offences before a circuit judge or recorder and a jury of twelve, with the judge ruling on law and sentence and the jury deciding the facts.
Pre-trial procedure for either-way offences
The criminal appeal routes
- From the Magistrates Court: the defence may appeal to the Crown Court (a full rehearing) against conviction and/or sentence; either side may appeal by way of case stated to the King's Bench Divisional Court on a point of law, and from there to the Supreme Court.
- From the Crown Court: the defendant may appeal to the Court of Appeal (Criminal Division) against conviction and/or sentence with leave; a further appeal lies to the Supreme Court on a point of law of general public importance with permission. The prosecution has limited appeal rights (for example an Attorney-General's reference on an unduly lenient sentence).
The aims of sentencing
Under section 57 of the Sentencing Act 2020 the five purposes of sentencing for adults are punishment (retribution), reduction of crime including deterrence, reform and rehabilitation, public protection (incapacitation) and reparation to victims.
Examples in context
A strong answer ties the appeal route to the court of trial, not to the offence in the abstract.
Try this
Q1. Explain the difference between summary, either-way and indictable offences. [10 marks]
- What the marker wants. Precise AO1: summary offences tried only in the Magistrates Court (least serious), either-way offences triable in either court (with plea before venue and mode of trial), and indictable offences tried only in the Crown Court (most serious), with an example of each.
Q2. Yusuf has been convicted of murder in the Crown Court and believes the judge misdirected the jury on the law. Advise Yusuf on his route of appeal. [15 marks]
- Cue. An AO2 application: murder is indictable-only, tried in the Crown Court; the appeal lies to the Court of Appeal (Criminal Division) with leave against conviction, and on a point of law of general public importance to the Supreme Court; a misdirection on the law is a classic ground.
Exam-style practice questions
Practice questions written in the style of WJEC Eduqas exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
Eduqas Component 1 2022 (scenario style)15 marksMarcus has been charged with theft, an either-way offence. Advise Marcus on where his case may be tried and on the routes of appeal available to him if he is convicted. [a scenario question in the style of Component 1, AO2]Show worked answer →
A mainly AO2 scenario. Apply the classification of offences and the appeal routes to an either-way charge.
Trial venue. Theft is an either-way offence, so there is a plea before venue and, if Marcus pleads not guilty, a mode of trial hearing. The magistrates decide whether their sentencing powers are adequate; if they accept jurisdiction, Marcus may still elect trial by jury in the Crown Court. If they decline, or he elects, the case goes to the Crown Court before a judge and jury.
Appeals from the Magistrates Court. Marcus may appeal to the Crown Court against conviction or sentence (a full rehearing), or by way of case stated to the High Court (King's Bench Divisional Court) on a point of law, and from there to the Supreme Court.
Appeals from the Crown Court. If tried there, Marcus appeals to the Court of Appeal (Criminal Division) against conviction or sentence (with leave), and from there, with permission and on a point of law of general public importance, to the Supreme Court.
A top answer correctly classifies the offence, explains the choice of venue, and gives the appeal route that matches the court of trial.
Eduqas Component 1 2021 (explain style)10 marksExplain the aims of sentencing in the criminal courts. [an explain question in the style of Component 1, AO1]Show worked answer →
A mainly AO1 explain question. Set out the statutory aims with a short illustration of each.
Section 57 of the Sentencing Act 2020 sets five purposes of sentencing for adults: punishment of the offender (retribution, just deserts); reduction of crime, including deterrence (general and individual); reform and rehabilitation of the offender; protection of the public (incapacitation, for example a long custodial term); and reparation by the offender to those affected (for example compensation or unpaid work).
A top answer names each aim, defines it briefly, and links it to a type of sentence (custody for protection, a community order for rehabilitation, a fine or compensation for reparation).
Related dot points
- The civil courts (County Court and High Court and their divisions), the civil appeal routes and the track system, and alternative dispute resolution: negotiation, mediation, conciliation and arbitration.
An Eduqas A-Level Law guide to the civil courts and alternative dispute resolution. Explains the County Court and High Court, the track system, the civil appeal routes and the four forms of ADR, with worked exam answers and the evaluation the paper rewards.
- Lay people in the justice system: the selection, role and powers of lay magistrates and of juries, jury qualification and vetting, and the advantages and disadvantages of lay participation.
An Eduqas A-Level Law guide to lay people in the justice system. Explains the selection, role and powers of lay magistrates and juries, jury qualification and vetting, and the arguments for and against lay participation, with worked exam answers and the evaluation the paper rewards.
- The general elements of criminal liability: actus reus (conduct, omissions and causation), mens rea (intention and subjective recklessness), the coincidence of actus reus and mens rea, transferred malice and strict liability.
An Eduqas A-Level Law guide to the general elements of criminal liability. Explains actus reus, omissions and causation, mens rea (intention and recklessness), coincidence, transferred malice and strict liability, with worked scenario answers and the AO2 application the paper rewards.
- The judiciary: the types and hierarchy of judges, their appointment and qualifications, judicial independence and the doctrine of the separation of powers, and the role of judges in the courts.
An Eduqas A-Level Law guide to the judiciary. Explains the types and hierarchy of judges, appointment and the Judicial Appointments Commission, judicial independence, the separation of powers and the role of judges, with worked exam answers and the evaluation the paper rewards.
- The scenario application question (AO2): the IRAC structure (issue, rule, application, conclusion), identifying the legal issues in a factual problem, applying authority to the facts, and reaching a reasoned conclusion.
An Eduqas A-Level Law guide to the scenario application question (AO2). Explains the IRAC structure, identifying the issues, applying the law to the facts and reaching a conclusion, with worked examples and the technique the Component 2 paper rewards.
Sources & how we know this
- Eduqas A Level Law (A150) specification — WJEC Eduqas (2017)