Criminal Courts & Lay People

Question 1

Explain the pre-trial procedures for each of the types of criminal offence (8)

Answer 1

Police pass the case to the CPS who decide whether to prosecute based on two tests being passed: -

1. Evidential Burden Test (Is there enough evidence).
2. Public Interest Test

Every criminal offence has an Early Administrative Hearing in the Magistrates Court

Summary Offences: -
Tried and prosecuted in the Magistrates Court.
Usually dealt with a first hearing (plea)
If D pleads guilty - Magistrates set the sentence
If D pleads not guilty = Date is set for trial heard by Magistrates

Triable-Either Way
Tried and prosecuted in the Magistrates Court
Mode of Trial Hearings to decide which court for trial if the defendant pleads not guilty
S.19 Magistrate’s Court Act 1980 = Magistrates decide if they can hear trial based on nature and seriousness, sentencing powers, legal arugements by pros/defence.

If Magistrates say yes, then the defendant is given the choice to go to the Crown Court or not

If Magistrates say no, then case goes to the Crown Court for trial (the defendant has not choice)

Magistrates can send to Crown Court for sentencing at any point

Indictable Offences
Criminal Offences tried in the Crown Court for a trial and sentecing