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The Criminal Process and the Criminal Courts

  • 7 subtopics
  • 21 things to know
  • AS Unit 1

What The Criminal Process and the Criminal Courts covers

The Criminal Process and the Criminal Courts is examined in AS Unit 1, The Nature of Law and the Welsh and English Legal Systems. It covers classification of offences and the criminal process, the magistrates' courts and the Crown Court, appeals in criminal cases, the jury at trial: verdicts, secrecy and the coroner's jury, criticisms of and alternatives to the jury system, the aims and theories of sentencing and sentencing powers and the sentencing of youths.

Where it is assessed

AS Unit 1

The Nature of Law and the Welsh and English Legal Systems.

Check the WJEC specification ↗

The 7 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

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Process

Explain the plea before venue procedure.

Key term

Why might a defendant elect trial in the Crown Court?

Key term

How are the functions of judge and jury divided in the Crown Court?

Numbers

What challenges to individual jurors remain available?

Key term

When may a judge accept a majority verdict?

Key term

Why is the representativeness of juries questioned?

Key term

State the statutory purposes of sentencing an adult offender.

Key term

Distinguish an absolute discharge from a conditional discharge.

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Where does a defendant convicted in the magistrates' court appeal?

Key term

What proportion of criminal cases is dealt with in the magistrates' courts?

Key term

What is an appeal by way of case stated?

Key term

What did Bushell's Case (1670) establish?

Key term

Explain retribution as an aim of sentencing.

Key term

Name four requirements that may be attached to a community order.

Key term

Name the three classes of criminal offence.

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Who sits to hear a case in the magistrates' court?

Key term

State the test the Court of Appeal applies to an appeal against conviction.

Numbers

Which statute governs jury service?

Key term

What risk do the internet and social media pose to jury trial?

Key term

Distinguish individual deterrence from general deterrence.

Key term

Name three ancillary orders a criminal court may make.

Take The Criminal Process and the Criminal Courts further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

  • Plea before venue vs Allocation

    Plea before venue: the stage at which the defendant says how they intend to answer the charge. Allocation: the decision about which court will conduct the trial.

  • Committal for sentence vs Sending for trial

    Committal for sentence: transferring a convicted defendant to the Crown Court for punishment. Sending for trial: transferring a case there to be tried.

  • Appeal to the Crown Court vs Appeal by way of case stated

    Appeal to the Crown Court: a full rehearing available to the defendant. Appeal by way of case stated: a ruling on a point of law available to either side.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    Name the three classes of criminal offence.

    Model answer

    Offences are classified as summary offences, either-way offences and indictable-only offences.

  2. 2

    What is a summary offence, and give an example.

    Model answer

    A summary offence can be tried only in the magistrates' court, and most road traffic offences and common assault are examples.

  3. 3

    What is an either-way offence, and give an example.

    Model answer

    An either-way offence may be tried in the magistrates' court or in the Crown Court, and theft and assault occasioning actual bodily harm are examples.

  4. 4

    What is an indictable-only offence, and give an example.

    Model answer

    An indictable-only offence can be tried only in the Crown Court, and murder, manslaughter, rape and robbery are examples.

  5. 5

    Explain the plea before venue procedure.

    Model answer

    For an either-way offence the defendant is first asked to indicate a plea, and if guilty is indicated the magistrates proceed to sentence or commit for sentence, so the question of where to try the case arises only on a not guilty indication.

  6. 6

    How is an either-way case allocated to a court?

    Model answer

    The magistrates consider whether their sentencing powers would be adequate given the prosecution case and any previous convictions, and if they accept jurisdiction the defendant may still elect trial in the Crown Court.

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Law Making in Wales and the UK
Delegated Legislation
Statutory Interpretation
Judicial Precedent

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Roles v Nathan ( ).
196319411945

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AThe defendant owed the victim a duty of care and breached it.
BThe breach carried a reasonably foreseeable risk of death.
CThe breach caused the death.

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Pecuniary loss is financial and measurable.
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The Criminal Process and the Criminal Courts revision questions

What does The Criminal Process and the Criminal Courts cover in WJEC A-Level Law?
7 subtopics: classification of offences and the criminal process, the magistrates' courts and the crown court, appeals in criminal cases, the jury at trial: verdicts, secrecy and the coroner's jury, criticisms of and alternatives to the jury system, the aims and theories of sentencing and sentencing powers and the sentencing of youths. Each one has its own page with questions and model answers.
How is The Criminal Process and the Criminal Courts organised?
By the WJEC 603-1978-1 specification, subtopic by subtopic, so it matches the order you are taught it in.

Every question in The Criminal Process and the Criminal Courts, on a schedule.

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