Clssification Of Offences+ Pre Trial Procedure Flashcards
Where do all criminal cases begin?
All criminal cases begin with a preliminary hearing at the Magistrates’ Court.
What 3 things do magistrates consider at the first hearing under the Bail Act 1976?
Legal representation, legal funding, and bail applications.
What are two reasons magistrates might refuse bail?
Risk the defendant will not attend court or may commit another offence.
What is an example of conditional bail?
A curfew order.
What is a summary offence?
A less serious offence (e.g. assault, minor criminal damage, most driving offences) heard entirely in the Magistrates’ Court.
What happens if a defendant pleads guilty to a summary offence?
Magistrates decide the sentence immediately.
What is a triable either way offence?
A middle-range offence (e.g. ABH under s.47 OAPA 1861) that may be tried in either Magistrates’ or Crown Court.
What is the ‘plea before venue’ hearing?
A hearing where the defendant pleads guilty or not guilty to a triable either way offence.
What happens if a defendant pleads guilty to a triable either way offence?
Magistrates may sentence or send the case to Crown Court if their powers are insufficient.
What is the mode of trial hearing?
A hearing to decide whether magistrates will hear the case or send it to Crown Court for trial.
Can a defendant choose Crown Court for trial even if magistrates accept jurisdiction?
Yes, the defendant can choose a trial in the Crown Court.
What are magistrates’ sentencing powers under the Powers of Criminal Courts (Sentencing) Act 2000?
Up to 6 months for one offence, 12 months for consecutive offences, and/or a £5000 fine.
What does the Legal Aid, Sentencing and Punishment of Offenders Act 2012 allow for Level Five offences?
Higher penalties for serious summary offences.
What is an indictable offence?
A serious offence (e.g. murder, s.18 GBH) tried only in the Crown Court.
What happens after a preliminary hearing for an indictable offence?
The case is sent to Crown Court; if the plea is not guilty, a trial preparation review is held.
What happens if a defendant pleads guilty to an indictable offence in Crown Court?
The judge will proceed to sentencing.
What are the three types of criminal offences and how are they classified?
Criminal offences are classified into summary, triable either way, and indictable offences, based on their seriousness and where they are tried.
Where do all criminal cases start, and what decisions are made at this first hearing?
All criminal cases start in the Magistrates’ Court, regardless of offence type. In the preliminary hearing, magistrates consider legal representation, legal funding, and bail applications under the Bail Act 1976.
What are possible outcomes of a bail application under the Bail Act 1976?
Magistrates may refuse bail if there’s a risk the defendant won’t attend court or may commit further offences, or they may grant conditional bail, such as a curfew or reporting to police.
What are summary offences and how are they dealt with?
Summary offences are less serious, like assault, criminal damage under £5,000, and driving offences. They are dealt with entirely in the Magistrates’ Court. If the defendant pleads guilty, the magistrates sentence immediately; if not guilty, they will hold a trial.
What are triable either way offences and how is the appropriate court determined?
Triable either way offences (e.g. ABH under s.47 of the OAPA 1861) can be tried in either Magistrates’ or Crown Court. A plea before venue hearing is held. If guilty, magistrates sentence or send to Crown Court if powers are insufficient. If not guilty, a mode of trial hearing decides the venue.
What happens at a ‘plea before venue’ hearing for either way offences?
The defendant enters a plea. If they plead guilty, the magistrates can sentence or refer to Crown Court if their sentencing powers are inadequate.
What is a ‘mode of trial’ hearing and how does it work?
If the defendant pleads not guilty to an either way offence, magistrates decide whether they can accept jurisdiction based on case complexity and sentencing powers. Even if accepted, the defendant may choose a Crown Court trial.
What are the sentencing limits of magistrates under the Powers of Criminal Courts (Sentencing) Act 2000?
Magistrates can impose up to 6 months imprisonment for a single offence, or 12 months for consecutive offences, and/or a £5,000 fine.
