Criminal Pre-trial Procedure

Question 1

What are the reasons for choosing a jury trial?

Answer 1

Defendants are more likely to receive legal funding
Lawyers are more experienced in a crown court opposed to a magistrates
Where the defendant has been granted bail but is likely to go to prison they will have more time with their family before prison
Theres a higher chance of acquittal with a decision made from a jury

Question 2

What are the reasons for not choosing a jury trial?

Answer 2

If the defendant is on remand, this means a longer waiting time in prison
If legal funding isn’t provided the cost of lawyers is very expensive
The crown court has a greater sentencing power
The magistrates will hear the case more quickly

Question 3

What did the auld report 2001 state?

Answer 3

That magistrates should decide the court not the defendant

Question 4

Where do all criminal trials start? Why?

Answer 4

Magistrates for the early administrative hearing

Question 5

What happens within the early administrative hearing?

Answer 5

All administrative matters such as bail, legal funding, medical reports

Question 6

Where is the pre trial procedure set out?

Answer 6

Criminal procedure rules 2012

Question 7

Explain the types of offences and example…

Answer 7

You know this

Question 8

Why is it important cases are dealt with properly?

Answer 8

Defendants liability, public policy

Question 9

What is the pre-trail procedure for summary offence?

Answer 9

If pleads guilty can sometimes be sentenced at the EAH if there’s enough evidence, usually there’s not so it will be adjourned.
For driving offences you can plead guilty by post
If not guilty will proceed to be heard at magistrates

Question 10

Briefly explain triable either way offences…

Answer 10

Plea before venue 
If not guilty-
Mode of trial/defendants election 
If guilty-
Heard by magistrates. Can be transferred to crown court if exceeds jurisdiction

Question 11

What is set out in s19 of magistrates court act 1980…

Answer 11

Magistrates must consider nature and seriousness of case, own powers of punishment and representations of prosecution or defence

Question 12

What states Magistrates must consider nature and seriousness of case, own powers of punishment and representations of prosecution or defence

Answer 12

s19 of magistrates court act 1980

Question 13

What other factors should magistrates consider which aren’t in legislation…

Answer 13

Should go to crown court if breach of trust by a person
Organised gang
If amount involved is more than 2x magistrates max fine

Question 14

Explain indictable offence procedure….

Answer 14

Plea and case management hearing…
Not guilty- more administrative work. Preparing case for trial
Guilty - judge considers evidence for correct sentence