Crminal Courts & Lay People & Sentencing

Question 1

What is the crown prosecution service

Answer 1

● Take the initial decision on whether or not the arrested individual should be charged
● CPS advises the police, who then formally charge the suspect or release them
● CPS may advice the police there is insufficient evidence to charge, and may
direct them as to what further evidence is required

Question 2

Summary offence characteristics

Answer 2

1. Held in the Magistrate court
2. Example: driving with no licence
3. Sentencing includes Maximum fines determined by level of offence - £200-£5000 (max. powers) 6 months imprisonment -1 offence

Question 3

Triable either way offence characteristics

Answer 3

1. Held in magistrate or crown court
2. Example: assault causing actual bodily harm and theft of property over £200
3. Sentencing: same as the summary court, if a defendant pleads guilty or is found guilty the magistrates have the power to send the defendant to the crown court. Maximum sentence is in legislation

Question 4

Indictable offence characteristics

Answer 4

1. Held in Crown Court
2. Examples: murder, manslaughter and robbery and rape
3. Sentencing: The judge can impose any sentence up to the maximum that is set by the Act that imposes the offence. A jury is involved wife the defendant doesn’t plead guilty

Question 5

Pre trial procedure: summary offence

Answer 5

Magistrates
● Clerk of the court confirms D’s identity
● D enters plea - guilty = proceed to sentencing; not guilty = proceed to trial, or set a date for trial
● Sentencing = consider facts from prosecution, statement from D

Question 6

Pre trial procedure: triable either way

Answer 6

Magistrates Court Act 1980
● Plea before venue: guilty = sentencing hearing in M court; not guilty = Mode of trial procedure
● See procedure for summary offences
Crown
● See procedure for indictable offence, all pre-trial matters will take place in the Crown court

Question 7

Pre trial procedure: indictable offence

Answer 7

Magistrates’ court
● First administrative hearing to confirm D’s identity; whether to grant bail or remand in custody; legal aid (funding for the D)
Crown court
● Further -re-trial matters must be in CC, judge sitting alone
● Trial and sentencing can only take place in this court
● Plea and Trial Preparation Hearing (PTPH): take D’s plea; set trial date; timetable for pre-trial matters; set a Further Case Management Hearing