01 Overview of the Criminal Procedure

Question 1

Name all ‘Summary Only’ offences

How many ‘Summary Only’ offences are there? What are they?

Answer 1

1. Common Assault

Question 2

How many ‘Triable-either-way’ offences are there? What are they?

Answer 2

(9)

1. Criminal Damage -55k
2. Theft
3. Burglary
4. Fraud
5. Sexual Assault
6. ABH
7. Possession of Controlled drug
8. Possession of Controlled drug w intent to supply
9. Wounding/Inflicting GBH Contrary to s.20 OAPA 1861 (Offences Against the Person Act 1861).

Question 3

How many ‘Indictable only’ offences are there? What are they?

Answer 3

(3)

1. Wounding/Inflicting GBH contrary to s.20 OAPA 1861 with intent (Offences Against the Person Act 1861).
2. Robbery
3. Rape

Question 4

Another word for Magistrate?

Answer 4

‘Justice’ / ‘Justices of peace’

Question 5

Who has jurisdiction over Trials on Indictment?

Answer 5

Crown Court?

Question 6

Who has jurisdiction over any Summary offence/ non-serious triable-either-way offence?

Answer 6

Magistrates’ Court

Question 7

What can a person who is convicted by the Magistrates’ Court appeal to the Crown Court after entering a guilty plea?

Answer 7

entering Guilty Plea can appeal only against sentence

Question 8

What can a person who is convicted by the Magistrates’ Court appeal to the Crown Court after entering a Not guilty plea?

Answer 8

entering Not Guilty Plea can appeal against both conviction and sentence

Question 9

TRUE OR FALSE: A person who is convicted by the Magistrates’ Court after entering a guilty plea can appeal their conviction to the Crown Court ?

Why?

Answer 9

FALSE.

Person entering a Guilty Plea can only appeal against their sentence

Question 10

TRUE OR FALSE: A person who is convicted by the Magistrates’ Court after entering a Not guilty plea can only appeal their sentence to the Crown Court ?

Why?

Answer 10

FALSE.

A person entering a Not Guilty plea can appeal against both conviction and sentence

Question 11

TRUE OR FALSE: Statutory provisions enables Magistrates’ courts to commit an offender to the Crown Court to be sentenced?

Answer 11

True

Question 12

What is the process called whereby Magistrates’ courts may commit an offender to the Crown Court to be sentenced?

Answer 12

Committal for Sentence

Question 13

What is ‘Committal for Sentence’?

Answer 13

Where Magistrates’ courts to commit an offender to the Crown Court to be sentenced

Question 14

Who has power to grant representation orders?

Answer 14

Crown Court

Question 15

TRUE OR FALSE: The Magistrates’ Court has power to grant representation orders?

Why?

Exception?

Answer 15

FALSE.

Only Crown Court has power to grant representation orders

Exception: when considering an appeal against the refusal of representations

Question 16

What is the process of deciding whether or not to grant representation orders?

Answer 16

2 stage-test

1. Merits Test (according to interest of justice)
2. Assessment of means

Question 17

What is representation order(s)?

Answer 17

Legal Aid

Question 18

What is ‘The Overriding Objective’?

Answer 18

1. Criminal cases be dealt with justly

2. Acquitting innocent, convicting guilty. Dealing with the prosecution and defence fairly … etc

Question 19

What duty does the overriding objective impose on parties?

Answer 19

to actively assist the court in fulfilling the court’s obligation to actively manage cases