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Criminal Jurisdiction in the Magistrates' Courts
All criminal cases will first go to the Magistrates' Court. Criminal offences are divided into three main categories:
- Summary offences - These are the least serious offences and are tried in the Magistrates' Court e.g. driving offences, drunk and disorderly, common assault and criminal damage which has caused less than £5000 worth of damage.
- Triable either way offences – These can be regarded as the middle range of crimes and include a wide variety of crimes e.g. theft, assault causing actual bodily harm. These can be tried in either the Magistrates' Court or Crown Court.
- Indictable Offences – These are the more serious crimes and include murder, manslaughter and rape. All indictable offences must be tried at the Crown Court, but the first hearing is dealt with at the Magistrates' Court. The magistrate will decide if the defendant should be given bail. The case is then transferred to the Crown Court.
NB In addition Magistrates' Courts deal with all ancillary matters connected to criminal cases e.g. issuing warrants for arrest and deciding bail applications. They also try cases in the Youth Court where the defendants are aged 10 to 17.
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