criminal courts- pre trial- ELS (1) Flashcards
what’s a summary offences?
minor offences
what courts are involved in summary offences?
magistrates court- no jury needed
examples of summary offences
speeding
driving without insurance
what are triable either way offences?
middle of the road offences
what courts are involved in triable either way cases?
magistrates
or if they don’t have jurisdiction/ enough sentencing powers then it goes to the crown court.
examples of triable either way offences
burglary
criminal damage
theft
fraud
what are indictable offences?
the most serious offences
what court is involved in indictable cases?
crown court
examples of indictable offences
murder
manslaughter
robbery
What percentage of crimes are heard in the magistrates court?
over 95%
what percentage of crimes are heard in the crown court?
around 2%
who is in charge in the magistrates court?
magistarates decide the verdict and sentence
who is in charge in the crown court?
the jury decide on the verdict
the judge decides on the sentence
what are the sentencing powers in the magistrates court?
unlimited fines
bans
community orders
6 months custody- 1 offence
12 months custody- 2 or more offences
what are the sentencing powers in the crown court?
unlimited custodial sentence
unlimited fine
community orders
what is legal aid?
financial help from the government to help pay towards the cost of the case
what is bail?
where the D is allowed to return to their normal life while they await their trial date. (can be conditional or unconditional)
what is the early administrative hearing (EAH)
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
what is the pre-trial procedure for summary offences
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.
what is the Plea Before Venue
The procedure where the defendant indicates their plea (guilty or not guilty).
what is the Mode of Trial Hearing
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
what is the pre trial procedure for triable either way offences
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.
what is the indictable pre trial procedure
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).
