CRIMINAL COURTS AND LAY PEOPLE - Criminal Courts 8 Markers PAPER 1

Question 1

Explain the three categories of criminal offences and the pre trial procedures for each

Answer 1

Summary offences eg assault, battery
Triable either way offences - theft and s47 ABH
Indictable offences- murder

Question 2

Explain the three categories of criminal offences and the pre trial procedures for each - summary offences

Answer 2

If d charged they will have a preliminary hearing in mag court. If d pleads guilty he will be sentenced immediately by mags for up to 6 months
If mag feels larger sentence is required they can send case up to crown court
If d pleads not guilty mags must decide whether to bring bail or remand d in custody. Then a date will be set for trial in mag court in from of 3 mags

Question 3

Explain the three categories of criminal offences and the pre trial procedures for each - triable either way

Answer 3

‘Plea before venue hearing’ in mag court and d will enter a plea. If plea is guilty process will be same as summary but max is 12 months.
If plea not guilty a mode of trial will take place to decided whether trial will happen in mag or crown. First mags consider if they are able to hear eg might be too complex. If they can hear it d can elect which court he would prefer. If crown there will be a case management hearing where judge can handle bail and set date for trial in front of 12 jury members

Question 4

Explain the three categories of criminal offences and the pre trial procedures for each- indictable offences

Answer 4

Preliminary hearing at mags where d enters plea then be transferred to crown court for sentencing if pleads guilty. There will be a case management hearing If d pleads not guilty. Procedure then same as triable offences that go to crown