Criminal courts and Lay People (same topic as mags jurisdiction) Classification of offences and pre-trial procedure

Question 1

Explain the pre trial procedures and how they differ for different types of criminal offences (8 marks)

Answer 1

Pre trail procedures are different depending on what type of criminal offence it is and whether the defendant has pleaded guilty or not guilty. The court you will go to will also be different depending on the classification of the offence you are charged with.

Summery Offences are the most serious type of offence and are tried in Magistrates court, e.g. assault, battery, motoring offences. Your case is heard by a circuit judge or three magistrates known as a “table”. If D pleads guilty, the case can be dealt with in one appearance in court, but often an adjournment may be needed. If D pleads not guilty their will always have to be a adjournment, as witnesses have to be brought to court.

Either way offences such as Murder and Robbery require a model of trial hearing to decide where the case will go. The defendant can insist on jury trial, otherwise it is up to the Magistrates. Most defendants will choose the Magistrates’ Court as they have a better chance of being found not guilty.

For indietable offences such as Theft or ABH, the first hearing is still in the Magistrates court - this is called a Sending for Trial hearing. This short hearing deals with bail issues and legal aid issues - the defendant does not need to enter a plea yet. The cases are then sent to the Crown Court. All other pre-trail matters are dealt with at the Crown Court at the Plea and Case Management Hearing where a trail date is arranged by the Jury.

In the actual trial, the burden of proof is on the prosecution – they have to prove the case to the magistrates or jury so that they are sure beyond all reasonable doubt. The prosecution presents their case and questions their witnesses first. The defence can cross examine the witnesses. The defence then presents their case and the prosecution can cross examine. Each side makes a closing speech (again the prosecution go first). In a Crown Court trial, the judge sums up for the jury before they go to make their decision.

Question 2

What are summary offences

Answer 2

These are the least serious offences.

Question 3

What court are summary offences heard in

Answer 3

Only tried in Magistrates court.

Question 4

Example of summary offences

Answer 4

Assault and Battery. They include eg most driving offences and criminal damage under 5000

Question 5

Who is involved in summary offences

Answer 5

You are tried by a panel of bench of magistrates or a district judge.

Question 6

Briefly describe how summary offences in the mags court are dealt with

Answer 6

Matters are usually dealt with at the first hearing. Defendant will be asked whether they plead guilty or not guilty
If they plead guilty a trial will take place and sentence passed if found guilty

Question 7

What are offences triable either way

Answer 7

These are the middle range of crimes.
Are mid-ranging offences

Question 8

Where are they tried

Answer 8

Either mags or crown court depending on how serious and also depending upon whether the D wants a jury trial.

Question 9

Examples of offences triable either way

Answer 9

Theft, S47 ABH and S20 GBH or wounding OAPA 1861

Question 10

Indictable offences meaning

Answer 10

These are the most serious crimes.

Question 11

Examples of indictable offences

Answer 11

include murder and S18 GBH or wounding with intent under OAPA 1861

Question 12

Procedure for Summary Offences - Magistrates Court
D pleads guilty;
What is the procedure for summary offences (mags court) if the D pleads guilty

Answer 12

The case can be dealt with in one appearance in court, but often an adjournment may be needed.
For example the CPS may need more info or D needs to get legal advice. Magistrates may want pre-sentence reports on a D who pleads guilty.

Question 13

D pleads not guilty;
What is the procedure for summary offences (mags court) when a D pleads not guilty

Answer 13

There will always be an adjournment, as witnesses have to be brought to court.
Another point to decide is whether the d should be given bail or kept in custody until the trial.
They will also decide on legal aid.

Question 14

Explain the pre trial procedure for either way offences if D pleads guilty

Answer 14

A plea before venue hearing takes place-
if D pleads guilty the magistrates have to decide if they will sentence or refer the case to the crown court.

Question 15

Explain the pre trial procedure for either way offences if D pleads not guilty

Answer 15

A plea before venue hearing takes place again and the next hearing is MODE OF TRIAL HEARING. These are only needed for triable either way offences- the d can insist on a jury trial otherwise it is up to the magistrates.

Question 16

How do the magistrates make this decision

Answer 16

• seriousness of the case eg how bad the injury was
• Their sentencing power- limited to 12 months or unlimited fine for one offence
  -since 1996- they must take into account the ds plea- if d pleads guilty, they are more likely to keep the case sentence there
  -CJA 2003- schedule 3 -magistrates will be told of ds prior convictions when deciding mode of trial

Question 17

what percentage of acquittals are there in mags and crown court

Answer 17

20 percent acquitted in mags and over 60 percent in crown court

Question 18

why would a d choose trial by jury

Answer 18

on the advice of their lawyers

Question 19

What is an advantage of trial by jury (legal aid)

Answer 19

D is more likely to get legal aid

Question 20

Advantage of trial by jury or crown court

Answer 20

while waiting for trial if in custody serve part of sentence in remand prison.

Question 21

Advantage of trial by jury (lawyers)

Answer 21

most experienced lawyer representing you in court, solicitor must have an advocacy certificate

Question 22

Name a disadvantage of trial by jury (time)

Answer 22

D has a longer wait before the trial

Question 23

Disadvantage of trial by jury

Answer 23

if no bail this will be spent in prison

Question 24

Disadvantage of trial by jury (cost)

Answer 24

higher costs both for the D lawyers and if made to pay for the part of the prosecution costs

Question 25

Disadvantage of trial by jury

Answer 25

judge in the crown court has the power to give a greater sentence than the mags.

Question 26

Explain the first part of the pre trial procedure for indictable offences

Answer 26

The first hearing is in the magistrates court- the ‘sending for trial hearing’ this short hearing deals with bail issues and legal aid issues- the d does not need to enter a plea yet.

Question 27

Where are the cases sent after the first hearing

Answer 27

to the crown court

Question 28

where are all other pre-trial matters dealt with

Answer 28

the crown court

Question 29

What is the procedure within the crown court afterwards

Answer 29

The first hearing at the crown court is the plea and case management hearing (PCMH) This hearing is to ensure that all necessary steps have been taken in preparation for the trial. The judge exercises a managerial role in the case.

Question 30

what act introduced the plea and case management hearings

Answer 30

Criminal Procedure Rules 2005

Question 31

What is meant by a cracked trial

Answer 31

a trial that has been listed for a not guilty hearing on a particular day but does not proceed, either because the d pleads guilty to the whole or part of the indictment, or an alternative charge, or because the prosecution offer no evidence.

Question 32

Where and who is present at a plea and case management hearing (PCMH)

Answer 32

held in an open court with d present

Question 33

what occurs in a PCMH

Answer 33

the d will enter a plea- a process known as the ‘arraignment’

Question 34

What happens if d pleads guilty

Answer 34

proceeds to sentence

Question 35

what happens if d pleads not guilty

Answer 35

prosecution and defence identify the key issues via a questionnaire

Question 36

what information is requested on the questionnaire

Answer 36

• issues of the case
  -number of witnesses
  -exhibits to be produced
  -estimated length of trial, availability of witnesses and counsel

d may request an advance indication of sentnce from judge

Question 37

What act sets out disclosure

Answer 37

CJA 2003 and criminal procedure and investigations act 1996

Question 38

What does the disclosure involve when it comes to defence.

Answer 38

defence is obliged to all its evidence to the prosecution- including defences they intend to rely on and points of law they will raise. defence must provide names and addresses of all witnesses including experts.

Question 39

what do the prosecution have to disclosure

Answer 39

anything that may reasonably be capable of undermining the prosecution case or helps the defence case.

Question 40

What is plea bargaining

Answer 40

this is negotiations between the prosecution and the defence, eg d agrees to plead guilty to a lesser charge.

Question 41

What case determined that judges were not allowed to get involved in plea bargaining

Answer 41

R v Turner

Question 42

What did R v Goodyear establish

Answer 42

That d can request an indication from the judge as to likely sentence if they plead guilty

Question 43

Who carries the burden of proof in the trial

Answer 43

prosecution- prove the case to mags or jury so that they are sure beyond all reasonable doubt

Question 44

What is the first thing the prosecution does in the trial

Answer 44

presents their case and questions their witnesses first.

Question 45

what do defence do first

Answer 45

can cross examine witnesses from prosecution and then present their case unless submission of no case to answer is successful and then the prosecution can cross examine.

Question 46

What do both sides then do

Answer 46

Makes a closing speech and again the prosecution go first.

Question 47

what would a crown court trial judge do

Answer 47

sums up for the jury before they go make their decision.

Question 48

what act outlined measures aimed at protecting vulnerable witnesses giving evidence

Answer 48

Youth Justice & Criminal Evidence Act 1999

Question 49

Name two special measures and important provisions this act made to protect vulnerable victims

Answer 49

• provision of privacy screens (s.23)
• the ability to testify via live-link from an outside location (s.24)

Question 50

What percentage of cases are dealt with in mags court

Answer 50

around 97 percent- more than 90 percent being concluded here

Question 51

What classifications of offence do mags cover

Answer 51

summary and most triable either way offences

Question 52

What hearings do mags have for either way offences

Answer 52

plea before venue hearings

Question 53

What limitations of sentencing power do mags court have

Answer 53

can only sentence ds if they plead or are found guilty - limitated

Question 54

What hearing do they deal with for indictable offences

Answer 54

They deal with the first hearing such as granting bail or making reporting restrictions before the case is sent to crown court.

Question 55

What do mags deal with

Answer 55

ancillary matters such as issuing bench arrest warrants and granting or refusing bail in summary and either way trials.

Question 56

What type of cases do they try

Answer 56

Cases in the youth court for ds aged 10-17

Question 57

What category of offences does the crown court deal with

Answer 57

the most serious indictable offences such as murder, manslaughter and robbery.

Question 58

What other things does the crown court deal with

Answer 58

-appeals against a mags court conviction or sentence
-either way cases passed from the mags court for trial or sentencing

Question 59

How does a case in the crown court begin

Answer 59

normally with a plea and case management hearing where the d will plead guilty and be then sentenced or not guilty where a full trial involving a jury of 12 citizens will commence.