Criminal Courts & Lay People: Pre-Trial Procedure Flashcards
Where will the accussed be put before?
The MC who deal with administrative matter (EAH)
What happens with summary offences?
D asked their plea - G/NG
What happens if a D pleads guilty to a summary offence?
Magistrate will sentence
Aim is to complete case at earliest possible hearing so sentencing will happen straight away
What happens if a D pleads guilty to a summary offence?
Magistrate will sentence
Aim is to complete case at earliest possible hearing so sentencing will happen straight away
What happens if a D pleads not guilty to a summary offence?
Magistrate must find all issues involved in case at first hearing, trial takes place, if found guilty, will be sentenced
What is the max sentence for a summary offence?
6 months per offence
unlimited fine
What happens with indictable offences?
First hearing at MC for EAH, case automatically transfered to CC
What happens if a D pleads guilty to an indictable offence?
Judge passes sentence
What happens if D pleads not guilty to indictable offence?
Tried by a jury who decide verdict, if found guilty, judge passes sentence
What is the max sentence for an indictable offence?
Life imprisonment
Where is a TEW offence held?
Either MC or CC
How do they decide where to hold a TEW offence?
Pre-Trial procedure
What is the plea before venue?
D asked plea - G/NG
If plead guilty, case automatically heard in MC
If not enough sentencing powersm D sent to CC
What is the Mode of Trial?
When D pleads not guilty to a TEW offence, used to decide if the MC should hear the case
Mode of Trial - What must the Magistrate consider?
If they have enough power to sentence
Nature and seriousness of offence
Whether D has legal representation
D’s previous convictions
Wishes of AG
