7.2.2 In the criminal court
The car accident will lead to proceedings in both the criminal and civil courts. You will consider the criminal case first.
Activity 14 In the criminal court
A few weeks after the accident, Arjun receives a magistrates’ court summons for careless driving contrary to Section 3 of the Road Traffic Act 1988 (RTA).
The purpose of the criminal proceedings is to:
Comment
The purpose of the criminal prosecution is to punish Arjun.
Arjun pleads guilty at the first hearing. This means that there will not be a trial but the court will sentence him. Who will decide his sentence?
Comment
In the magistrates’ court, either a panel of magistrates or a district judge decides the sentence. A jury only sits in the Crown Court, where it decides the verdict but not the sentence.
Arjun is fined and receives six penalty points on his driving licence. He is not ordered to pay compensation: the criminal court does not usually make a compensation order in a road-traffic accident case.
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