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Unit 9: Criminal practice > 9.4 Early trial Procedures > Flashcards

9.4 Early trial Procedures Flashcards

1
Q

Summary only offences

A

Lessor offences
Tried in magistrates court

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2
Q

Indictable offences are tried

A

In the crown court
More serious offences

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3
Q

Indictable offences are split into

A

Indictable only (which means they must be tried in the Crown Court) OR
either-way offences (tried in the Crown Court or Magistrates Court)

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4
Q

Criminal damage will be tried where if under £5000

A

Magistrates as a summary only

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5
Q

Criminal damage (value £5,000 or more) is a

A

Either way offence
Tried in the Crown or Magistrates Court

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6
Q

Burglary is normally a

A

Either way offence but will be indictable if a person was subject to violence or the threat of violence

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7
Q

First hearing takes place in

A

The Magistrates Court

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8
Q

Welsh language

A

CPR provides that there must be a right to proceed in Welsh without restriction during a trial

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9
Q

Magistrates court and the requirement for Welsh v Crown

A

No requirement for notice to arrange a translator etc
Crown court required notice

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10
Q

Representation order

A

Provides financial assistance for funding defence representation in criminal courts

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11
Q

How does a legal representative apply for a representation order

A

1) application form
2) financial statement

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12
Q

The test for a magistrates court representation order

A

Defendant must pass two tests:
1) Marists test / interest of justice
2) means test

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13
Q

What does the interest of justice test essentially mean

A

Means a representation order will only be granted if the court considers the case to be serious enough to warrant full legal representation

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14
Q

As a general rule with representation orders non-imprisonable offences will not

A

Pass the first test of the interest of justice

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15
Q

An indictable only offence and the interest of justice test in the representation order

A

Would always pass the first test

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16
Q

Means test in the Magistrates Court - criteria

A
  • under 18 they will pass, in receipt of welfare benefits
  • income under a minimum threshold
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17
Q

Means test in the Magistrates Court is based on

A

Income only (not capital or savings)
Gross annual income for the previous 12 months
Partners income is also included unless they are a victim / involved in the trial

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18
Q

In the magistrates court a representation order will allow the defendant to be

A

Fully funded
Not have to pay anything towards the costs

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19
Q

Crown court representation order calculations based on

A

Income savings and capital

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20
Q

If the defendant has a representation order granted at the magistrates court it will be

A

Automatically extended to cover Crown Court proceedings

21
Q

Plea before venue

A

A defendant charged with an either way offence must give an indication of their plea. This is known as a plea before venue

22
Q

Allocation stage

A

Is where the magistrates and defendant determine whether the case will be heard in the Crown Court or magistrates court

23
Q

Allocation hearing is

A

Used when a D is charged with an either way offence, determine where the trial will be held

24
Q

Allocating hearing consists of

A

The plea before venue stage - guilty plea
The allocation stage - where the trial will be heard

25
Q

Which court has more options for appeal the crown court or magistrates

A

Magistrates
Can have a complete rehearing at the Crown Court

26
Q

Crown court is suitable for

A

More complex cases that require complex disclosure and evidence to be heard
Disputed evidence that needs to be classified as admissible and inadmissible

27
Q

Which court is more expensive crown court or magistrates

A

Crown court
D can be asked to pay costs towards representation order

28
Q

Accept jurisdiction means

A

Where a court decides if they are able to deal with a case

29
Q

Defendant can choose

A

The Crown Court over magistrates once this is decided the decision cannot be overridden by the Magistrates

30
Q

Chances of acquittal are better in

A

The Crown Court

31
Q

Magistrates court can impose custody sentences for a single offence of

A

6 months

32
Q

Magistrates court can impose sentencing times off… for two or more either way offences

A

12 months

33
Q

How the Crown Court and Magistrates Court deal with sentencing powers

A

Magistrates can commit to the Crown Court for sentencing after judgement

34
Q

The defendant only gets a choice of venue when

A

The Magistrates accept jurisdiction, if they decline then the D has no say in the matter

35
Q

If the magistrates declines jurisdiction for one defendant in a jointly charged case

A

All defendants must go to the crown court

36
Q

Jointly charged defendants

A

Serval defendants all facing the same charge

37
Q

Special trial procedure for criminal damage (without arson)

A

Either way offence
Under £5000 - deemed to be a summary only offence and the D has to go to magistrates / no right to elect Crown Court trial

38
Q

Special procedure for low value shop lifting

A

Goods value under £200 where the D was a customer (or pretending to be)
Summary only
In contrast to criminal damage, can elect to go to the Crown Court

39
Q

First hearing should be used to secure

A

A representation order to fund legal representation

40
Q

Magistrates will often base their decision on whether to send an either way offence to the Crown Court on

A

Their sentencing powers

41
Q

Magistrates will often base their decision on whether to send an either way offence to the Crown Court on

A

Their sentencing powers

42
Q

Remand decision means

A

You’ll go to prison until your trial begins

43
Q

Interest of justice test is usually referred to as

A

Merit test

44
Q

The merit / interest of justice test is automatically passed for

A

All Crown Court cases

45
Q

Grievous bodily harm is a

A

Indictable only offence

46
Q

Gracious bodily harm will be sent to

A

Crown Court

47
Q

With two offences

A

Usually sent to the Crown Court if one is indictable

48
Q

With two defendants who are jointly charged where do they go

A

Two defendants that are jointly charged will have to go the Crown Court if the magistrates decides to send one of them there

49
Q

How should magistrates respond to a question about a custodial sentence

A

Not required to give an indication
But if they do indicate they will not impose custody, they are bound by that decision if the defendant pleads after this point (of the indication)

Unit 9: Criminal practice (1 decks)

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