crim lit 2 Flashcards
three categories of criminal offences?
summary only, triable either way, indictable only
what is summary only?
least serious offence
triable only in the mags
what is triable either way?
offences vary in severity
triable in Crown or mags
what is indictable only?
most serious offences
triable only in crown
where will all defts have first appearance?
magistrates court
what happens at mags if offence is indictable?
it is sent to CC
what authority sends indictable offences to CC?
s.51 Crime and Disorder Act 1998
what is the first hearing once in CC for indictable?
Plea and Trial Preparation Hearing
how long until PTPH should take place at CC?
28 days of sending
unless Resident Judge orders otherwise
what happens after service of indictment?
service of full prosecution case at least 7 days in advance of PTPH hearing
what if PTPH shows there is no case to be listed?
list it for an application to dismiss
what if deft pleads NG at PTPH?
case listed for trial at a later date
what if deft pleads G at PTPH?
he MAY be sentenced there and then
what might judges need if they want to sentence there and then at PTPH?
Pre-sentence report
what if judge doesn’t have a pre-sentence report?
adjourn the case to a later date so he can get one
