Classification, Jurisdiction and Pre-trial procedures Flashcards by therhyshughes .

Q

Name the three types of offences

A

Summary

Triable either way

Indictable

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Q

What court are summary offences tried in?

A

Magistrates

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Q

What court are triable either way offences tried in?

A

Magistrates or Crown, depending on seriousness

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Q

What court are indictable offences tried in?

A

Crown

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Q

Give 3 examples of summary offences

A

Driving Offences

Common Assault

Criminal damage below £5,000

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Q

Give 3 example offences for triable either way

A

Theft

Assault occasioning actual bodily harm

Obtaining property by deception

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Q

Give 3 examples of indictable offences

A

Murder

Manslaughter

Rape

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Q

Pre-trial procedure for summary:

How does the court want to complete the case?

A

At the earliest possible opportunity using the Better Case Management Scheme (BCM)

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Q

Pre-trial procedure for summary:

What happens if D pleads guilty?

A

The Magistrates Court will aim to sentence straight away

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Q

Pre-trial procedure for summary:

How are driving offences dealt with?

A

By post, meaning it is not necessary to come into court

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Q

Pre-trial procedure for summary:

What happens if D pleads not guilty?

A

The magistrates must use the first hearing to discover key issues in the case to proceed quickly

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Q

Name the 3 pre-trial procedures for TEW offences

A

Plea before venue hearing

Mode of trial proceedings

Defendant’s choice of court - (Not guilty plea)

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Q

Pre-trial procedure for triable either way:

What must the D plead for a plea before venue hearing?

A

Guilty / Not Guilty in the Magistrates court

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Q

Pre-trial procedure for triable either way:

What happens if the D pleads guilty for plea before venue hearing?

A

Automatically tried in the Magistrates court, the D can’t ask to go to the Crown. The magistrates can send the case to the Crown for sentencing if necessary

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Q

Pre-trial procedure for triable either way:

What happens if the D pleads not guilty?

A

A mode of trial procedure takes place

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Q

Pre-trial procedure for triable either way:

What happens in a mode of trial procedure?

A

Determine whether the trial is suitable for the Magistrates court, depending on nature and seriousness of the offence and their jurisdiction.

Q

Pre-trial procedure for triable either way:

For mode of trial proceedings, give 3 examples of cases that will automatically go to the Crown

A

Cases involving complex legal matters, breach of trust and crimes committed by organised gangs

Q

Pre-trial procedure for triable either way:

Under what circumstance can the D choose the court of sentencing?

A

If the Magistrates accept the case once the D has pleaded not guilty

Q

Pre-trial procedure for triable either way:

Can the D still be sent to the Crown even if they chose the Magistrates Court?

A

Yes

Q

What is the term used when a case is officially transferred to the Crown Court?

A

Committal Proceedings

Q

Pre-trial procedure for indictable:

What happens in the first hearing in the Magistrates court?

A

Decide on issues such as bail and legal aid, the case is then sent to the Crown Court. Judge in the CC deals with all other pre-trial matters

Q

Pre-trial procedure for indictable:

What happens if the case is accepted?

A

If the Magistrates accept the case then the D is given a choice, but they are warned that the case can still be sent to the Crown Court

Q

Pre-trial procedure for indictable:

What happens if the case is not accepted?

A

If the Magistrates think the case is not suitable then it will be transferred to the Crown Court for trial

Q

Who hears the cases in both the Magistrates Court and the Crown Court (separate answers)

A

In the Magistrates Court:

Heard by 3 Lay Magistrates or 1 District Judge

In the Crown Court:

Jury decides verdict and judge passes sentence

Jurisdiction of Magistrates Court

Try all summary offences Try any TEW in their jurisdiction Accounts for 97% of all criminal cases Deals with first hearing of indictable offences before passed on to the CC (committal proceedings)

What does the Magistrates Court manage in their jurisdiction?

Issue warrants for arrest/search Decide bail Approve police attention from 36 to 96 hours Youth court cases for D's aged 10-17

Jurisdiction of the Crown Court

Hear all indictable offences Hear appeals from the MC against conviction and sentence - done by a judge and two Lay Magistrates

When will a case be transferred to the Crown Court from the Magistrates?

When the D is found guilty but the Magistrates Court feel they have insufficient jurisdiction

Define Point of law

Application of law to the facts of the case

Define Leave to appeal

Permission to appeal

Define case stated

The previous court set out their findings of fact and their decision - no witnesses are called