How are criminal cases classified and processed through the courts, and what are the routes of appeal?
The criminal courts and process: the classification of offences (summary, either-way, indictable), the roles of the Magistrates' Court and Crown Court, bail, and the criminal appeal routes.
The criminal courts and process for WJEC A-Level Law Unit 1. Covers the classification of offences as summary, either-way and indictable, the roles of the Magistrates' Court and Crown Court, bail, plea before venue, and the criminal appeal routes.
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What this dot point is asking
This dot point covers how criminal cases move through the courts, from charge to trial and appeal. You need to explain the classification of offences as summary, either-way or indictable, the roles of the Magistrates' Court and Crown Court, bail, and the criminal appeal routes. The standard of proof is beyond reasonable doubt and the burden is on the prosecution. WJEC tests accurate description of the process and the appeal structure.
The answer
Classification of offences
- Summary offences: the least serious, such as most driving offences and minor common assault. They are tried only in the Magistrates' Court.
- Either-way offences: of middle seriousness, such as theft and assault occasioning actual bodily harm (ABH). They can be tried in either court.
- Indictable offences: the most serious, such as murder, manslaughter, rape and robbery. They start in the Magistrates' Court but are sent to the Crown Court for trial.
Plea before venue and mode of trial
The two criminal courts
- The Magistrates' Court hears all summary offences and many either-way offences. Cases are decided by lay magistrates (usually a bench of three) or a District Judge. Sentencing powers are limited.
- The Crown Court hears all indictable offences and either-way offences sent or elected for trial. A judge presides and a jury of twelve decides guilt. Sentencing powers are wider, up to the maximum for the offence.
Bail
Bail is the release of a suspect or defendant pending the next stage of the case, governed by the Bail Act 1976. There is a general presumption in favour of bail, which may be refused where there are substantial grounds to believe the defendant would fail to surrender, commit further offences, or interfere with witnesses. Bail may be granted with conditions (such as a residence requirement or surety).
Appeal routes
Appeals from the Magistrates' Court go either to the Crown Court (a full rehearing, available to the defendant against conviction or sentence) or by case stated to the Divisional Court of the King's Bench Division on a point of law (available to either side). Appeals from the Crown Court go to the Court of Appeal (Criminal Division) against conviction or sentence, with leave, and then to the Supreme Court on a point of law of general public importance. The Criminal Cases Review Commission investigates and can refer suspected miscarriages of justice back to the appeal courts.
Examples in context
The either-way category is where the choices in the system come together. Take a charge of theft: at the plea before venue the defendant may plead guilty, in which case the magistrates sentence or send the case to the Crown Court for a heavier sentence. If the plea is not guilty, the magistrates consider whether their sentencing powers are adequate; if they decline jurisdiction, the case goes to the Crown Court, and even if they accept it the defendant may still elect jury trial. The appeal structure then mirrors the trial court: a defendant convicted by magistrates can have a full rehearing in the Crown Court, whereas a defendant convicted on indictment must persuade the Court of Appeal there was something wrong with the conviction or sentence, a higher hurdle that the Criminal Cases Review Commission exists to address in cases of suspected injustice.
Try this
Q1. Name the three classifications of criminal offence. [3 marks]
- Cue. Summary, either-way and indictable offences.
Q2. Which court tries indictable offences and who decides guilt? [2 marks]
- Cue. The Crown Court, where a jury decides guilt and a judge sentences.
Q3. Explain the routes of appeal available in a criminal case. [12 marks]
- What the marker wants. Appeals from the Magistrates' Court (Crown Court rehearing and case stated), appeals from the Crown Court (Court of Appeal and Supreme Court), and the role of the Criminal Cases Review Commission.
Exam-style practice questions
Practice questions written in the style of WJEC exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
WJEC 201912 marksDescribe the classification of criminal offences and the courts in which they are tried.Show worked answer →
An AO1 task rewarding accurate classification and the matching court.
Summary offences: the least serious (most driving offences, minor assaults), tried only in the Magistrates' Court.
Either-way offences: of middle seriousness (theft, ABH), triable in either court. After a plea before venue, if the defendant pleads not guilty the magistrates decide whether to accept jurisdiction; the defendant may elect Crown Court trial by jury.
Indictable offences: the most serious (murder, manslaughter, rape, robbery), which start in the Magistrates' Court but are sent to the Crown Court for trial by judge and jury.
Strong answers note the magistrates' limited sentencing powers and the Crown Court's wider powers, and mention bail decisions under the Bail Act 1976.
WJEC 202112 marksExplain the routes of appeal in a criminal case.Show worked answer →
An AO1 task rewarding the separate appeal routes from each court.
From the Magistrates' Court: the defendant may appeal to the Crown Court against conviction and/or sentence (a full rehearing). Either side may appeal by way of case stated to the Divisional Court of the King's Bench Division on a point of law.
From the Crown Court (trial on indictment): the defendant may appeal to the Court of Appeal (Criminal Division) against conviction or sentence, with leave. The prosecution has limited rights, including an Attorney General's reference on an unduly lenient sentence.
From the Court of Appeal: a further appeal lies to the Supreme Court on a point of law of general public importance, with leave.
Strong answers note the role of the Criminal Cases Review Commission in referring suspected miscarriages of justice.
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Sources & how we know this
- WJEC GCE AS/A Level Law specification (from 2017) — WJEC (2017)