0. Pre-trial basics Flashcards
What are the 5 steps of summary pre-trial procedure?
- The D is charged and summonsed to court for minor offences
- -1st hearing in magistrates
-They will make a decision whether to give D bail or remand in custody
-Decide if D should get public, legal funding to help pay for legal representation
3.
-If D pleas guilty, magistrate sentence
-Max 6 months / £5000 fine, can transfer to crown court
4.
-If D pleas not guilty trial held in Magistrates court
5.
-If D found guilty, magistrates sentence if they feel they have enough
What are the 5 steps of triable either way pre-trial procedure? (Plea before venue, Guilty plea, Mode of trial, accept jurasdiction, refuse jurasdiction)
Plea before venue:
-1st hearing in Magistrates court, D asked to enter his plea
-Decide bail/custody and legal funding
Guilty plea:
-Magistrate sentence within power, if not enough powers transfer
Mode of trial:
-If D pleads not guilty, mode of trial hearing held in magistrates court
-Magistrates decide if they have jurasdiction
Accept jurasdiction:
-Trial in magistrates could go ahead, D then get choice as to whether the case is heard in Magistrates or Crown, if choses Magistrates the trial will take place
Refuse Jurasdiction
-If Magistrates do not accept jurisdiction, trial transferred to crown court
What are the 5 steps of indictable pre-trial procedure?
- -D is charged and summonsed to court, 1st hearing in Magistrates Court
-Bail or custody is decided, legal funding is decided
-Magistrates commit the case to Crown Court
2.
-1st hearing in Crown Court the D enter plea guilty or not
3.
-If D pleads guilty, sentencing hearing will either take place or scheduled to take place
-D will be sentenced according to guidelines
4.
-If D pleads not guilty, case management hearing take place, ensures both parties ready for trial
-Judge will set a timetable for the case and evidence, decide which witnesses to call
5.
-Case will go to trial by jury in the crown court
