Classification of offences

Question 1

3 types of offences

Answer 1

Summary
Triable either way
Indictable

Question 2

Summary offences?

Answer 2

Least serious
Magistrates
Driving, Common assault and criminal damage below £5000

Question 3

Triable either way?

Answer 3

Middle range
Mag or crown
Theft, ABH

Question 4

Indictable?

Answer 4

Most serious
Crown
Murder, manslaughter and rape.

Question 5

Pre trial procedure for summary ?

Answer 5

Better Case Managment Scheme - Aim to compete case at earliest opportunity.
If D pleads guilty sentence immediately
Most driving offences can be plead by post.
If pleads not guilty establish key issues so can move forwards quickly.

Question 6

3 Pre trial procedures for triable either way?

Answer 6

Plea before venue hearing
Mode of trial proceedings
Ds choice of court - not guilty

Question 7

Plea before venue hearing? ( Triable either way )

Answer 7

D pleads not guilty/ guilty in mag court.
If guilty plea case will be tried in mag and D cannot ask to go to crown. Mag can still send to crown though.

Question 8

Mode of trial proceedings?

Answer 8

If D pleads not guilty. Look at nature and seriousness of offence to see if mag or crown.

Question 9

Ds choice of courts? ( follows mode of proceedings )

Answer 9

If mag accept case D can choose to go crown but if he chooses mag he can still be sent to crown.

Question 10

What is committal proceedings?

Answer 10

Officially transferring courts.

Question 11

What is it called when you transfer courts?

Answer 11

Committal proceedings

Question 12

What happens in court for Indictable offences? ( Classification of offences )

Answer 12

First hearing in mag decides bail and legal aid. Then it goes to crown court.

Question 13

How long do the police request their detentions are extended by?

Answer 13

36-96 hours