This document outlines the reading list and questions for a seminar on the criminal courts in England. It discusses the two criminal courts, the Magistrates' Court and Crown Court. The Magistrates' Court hears less serious cases and has limited sentencing powers, while the Crown Court hears more serious indictable offenses and has broader sentencing powers. Lay magistrates preside over the Magistrates' Court and are appointed after training. Judges preside over the Crown Court. Juries are used in trials at the Crown Court. Sentencing decisions consider the offense and the defendant's history. The primary aims of sentencing are punishment, deterrence, and rehabilitation.

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Seminar 4
The Criminal Courts
Reading List:
 Jacqueline Martin, “GCSE Law”, 5th
edition, Chapters 3, 4 and 5
 Jacqueline Martin, “GCSE Law”, 5th
edition, Chapter 9- Juries
 Glanville Williams, “Learning the Law”, 15th
edition, pages 4-16
Seminar 4 Questions:
1. Identify the two criminal courts and outline the key differences between them,
particularly their sentencing powers.
2. What are the three categories of offences? Explain which court will hear each type of
offence.
3. The Magistrates’ Court is a court of first instance for either way offences- explain what
this means.
4. Who hears a case in the Magistrates’ Court? What is their role and how are they
appointed?
5. Following on from Question (4) above, what are the advantages/disadvantages of using
lay magistrates in the criminal courts?
6. What is the role of the judge in the Crown Court?
7. What is the role of the jury in the Crown Court?
Turn Over
Learning Outcomes:
 Outline the overall hierarchy of the English courts and the different civil & criminal courts;
 Outline the key differences between the two criminal courts;
 Describe the role and selection of the magistrates, the crown court judges and the jury;
 Explain how a jury is selected and critically discuss the advantages & disadvantages of having a
trial by jury;
 Show knowledge & understanding of the different categories of criminal offences; and
 The sentencing powers available to judge/magistrates and the aims of sentencing.

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8. When deciding what sentence to pass, what factors will the judges take into
consideration?
9. Identify and explain each of the primary aims of sentencing.
10. If a defendant wants to appeal against his Crown Court conviction, to which court should
they make the appeal to?
11. Can the Crown Courts and/or the Magistrates’ Courts create precedent?
Consolidation Questions:
1. Sam, who was stopped by the police last night, has been found driving without insurance.
a) What charges will be brought against Sam?
b) Before which court will he appear and explain the sentencing powers of the court.
2. Ricky has been arrested and charged with assault (actual bodily harm (“ABH”).
Following an argument with his girlfriend Lucy, Ricky pushed her down the stairs, as a
result of which she suffered a fractured right leg and bruises to her face.
Ricky was conditionally discharged for 6 months after he had previously pleaded guilty to
charges for smacking his girlfriend. Ricky has a drinking problem and intends to plea
“not guilty” to the charges at his hearing next week.
a) What category of offence does this fall under and in which court is this matter likely
to be tried in and why?
b) If you were the judge, what sentence would you pass if Ricky was found guilty of the
offence?