criminal courts- pre trial

Question 1

what’s a summary offences?

Answer 1

minor offences

Question 2

what courts are involved in summary offences?

Answer 2

magistrates court- no jury needed

Question 3

examples of summary offences

Answer 3

speeding
driving without insurance

Question 4

what are triable either way offences?

Answer 4

middle of the road offences

Question 5

what courts are involved in triable either way cases?

Answer 5

magistrates
or if they don’t have jurisdiction/ enough sentencing powers then it goes to the crown court.

Question 6

examples of triable either way offences

Answer 6

burglary
criminal damage
theft
fraud

Question 7

what are indictable offences?

Answer 7

the most serious offences

Question 8

what court is involved in indictable cases?

Answer 8

crown court

Question 9

examples of indictable offences

Answer 9

murder
manslaughter
robbery

Question 10

What percentage of crimes are heard in the magistrates court?

Answer 10

over 95%

Question 11

what percentage of crimes are heard in the crown court?

Answer 11

around 2%

Question 12

who is in charge in the magistrates court?

Answer 12

magistarates decide the verdict and sentence

Question 13

who is in charge in the crown court?

Answer 13

the jury decide on the verdict
the judge decides on the sentence

Question 14

what are the sentencing powers in the magistrates court?

Answer 14

unlimited fines
bans
community orders
6 months custody- 1 offence
12 months custody- 2 or more offences

Question 15

what are the sentencing powers in the crown court?

Answer 15

unlimited custodial sentence
unlimited fine
community orders

Question 16

what is legal aid?

Answer 16

financial help from the government to help pay towards the cost of the case

Question 17

what is bail?

Answer 17

where the D is allowed to return to their normal life while they await their trial date. (can be conditional or unconditional)

Question 18

what is the early administrative hearing (EAH)

Answer 18

to discover is the D wants to apply for legal aid and if eligible
weather to award bail
to request pre-sentence or medical reports

Question 19

what is the pre-trial procedure for summary offences

Answer 19

Initial Hearing: This is the first appearance in court where the defendant enters a plea (guilty or not guilty).
Guilty Plea: If the defendant pleads guilty, they can be sentenced immediately or given a date for sentencing.
Not Guilty Plea: If the defendant pleads not guilty, the case is set for trial in the Magistrates’ Court.

Mode of Trial
Magistrates’ Court: All summary offences are tried here.

Question 20

what is the Plea Before Venue

Answer 20

The procedure where the defendant indicates their plea (guilty or not guilty).

Question 21

what is the Mode of Trial Hearing

Answer 21

A hearing where the court decides whether the case will be tried in the Magistrates’ Court or sent to the Crown Court.

if they have the jurisdiction

Question 22

what is the pre trial procedure for triable either way offences

Answer 22

Initial Hearing (Magistrates’ Court)
First Appearance: The defendant appears in the Magistrates’ Court for an initial hearing.
Plea Before Venue: The defendant is asked whether they plead guilty or not guilty.
Guilty Plea: If the defendant pleads guilty, the Magistrates’ Court may deal with sentencing immediately or adjourn for a pre-sentence report.
Not Guilty Plea: If the defendant pleads not guilty, a Mode of Trial Hearing occurs to decide where the trial will take place.

Mode of Trial (Magistrates’ Court)
Magistrates’ Court Decision:
The court considers whether it is suitable to hear the case or whether it should be transferred to the Crown Court.
Factors considered include the seriousness of the offence, whether the defendant has previous convictions, and the complexity of the case.

Defendant’s Election: The defendant can elect to be tried in the Crown Court, even if the Magistrates’ Court is willing to hear the case. This is typically done if the defendant believes they will receive a fairer trial or lesser sentence in the Crown Court.

Sending to Crown Court (If Applicable)
Magistrates’ Court Decision: If the Magistrates believe the offence is too serious or complex, they will send the case to the Crown Court for trial.

Question 23

what is the indictable pre trial procedure

Answer 23

Initial Hearing (Magistrates’ Court)
First appearance: The defendant appears in Magistrates’ Court for a preliminary hearing.
Bail or Remand: The court decides whether the defendant will be granted bail or kept in custody until trial.
Not Guilty Plea: If the defendant pleads not guilty, the case is sent to the Crown Court.

Magistrates’ Court: The case is automatically sent to the Crown Court for trial because the offence is indictable (serious).