Criminal Courts Flashcards
Explain pre-trial hearings in general.
All criminal cases start in the Magistrates Court. The case may be dealt with in this court or if more serious in nature the case will have it’s Early Administrative Hearing before being passed on.
What are the three types of offences?
Summary offences, triable either way offences and indictable offences.
What is the pre-trial procedure for summary offences?
These cases are tried in the Magistrates’ court and will sometimes be dealt with at first appearance in court. Where a case otherwise needs to be adjourned the magistrates decide whether or not to grant bail.
What is the pre-trial procedure for a guilty plea in a triable-either-way offence?
If a defendant pleads guilty the case is automatically heard by the magistrates court however they can send the case to the Crown Court if they feel they have insufficient powers to deal with the case properly.
What is the pre-trial procedure for a not guilty plea in a triable-either-way offence?
The magistrates may choose whether to keep the case or send it to the crown court. Under s19 Magistrates’ Court Act 1980 they must consider the nature and seriousness of the case in relation to their powers when making such a decision.
What is the pre-trial procedure for indictable offences?
The Early Adminstrative Hearing will still take place in the Magistrates Court. The first hearing will take place at the crown court where there will be a plea and case management hearing.
What is disclosure?
Under the Criminal Justice Act 2003 the defence is obliged to disclose all of its evidence to the prosecution and the prosecution must disclose anything that might reasonably be capable of undermining the prosecutions case or helps the defence case.
What is plea bargaining?
It is a form of negotiating between the defence and prosecution where usually the prosecution will agree to a lesser charge if the defence pleads guilty. R v Turner 1970 ruled that judges were not allowed to get involved in plea bargaining however, R v Goodyear 2005 now allows judges to be asked to give an indication of their likely sentence.
