CRIMINAL COURTS AND LAY PEOPLE Flashcards
Learn about Jury and Magistrates, classification of offences appeal routes and sentencing
What are Summary Offences?
Summary offences are minor offences such as driving offences and battery.
What happens in the Pre-trial procedure for Summary offences?
The D appears in the Magistrates Court for a preliminary hearing where he enters a plea and bail and legal funding may be discussed. If he pleads guilty, then he will be sentenced by the Magistrates at the Magistrates Court. If he pleads not guilty, then a date will be set for a trial at the Magistrates Court.
What are triable Either Way offences?
They are middle range offences such as theft and S.47 of the OAPA Act 1986.
What happens in the pre-trial procedure for Triable either way offences??
The D appears in the Magistrate Court for a plea before venue hearing where he enters a plea and bail and legal funding may be discussed. If he pleads guilty, then he will be sentenced at the Magistrates Court by the Magistrates. However, if they think that the defendant deserves a harsher punishment then they can commit him to the Crown Court for sentencing. Under s.3 of the Powers of Criminal Courts Act 2000, they can sentence up to 6 Months imprisonment and 12 months imprisonment for consecutive offences and fine no more than £5,000.
