describe the classification of offences & pre-trial procedure Flashcards
what are the 3 types of criminal offences
Summary offences
triable either way offences
indictable offences
what happens at the pre-trial in criminal
all cases appear to the magistrates
preliminary hearing —> magistrates consider legal representation, legal funding & bail applications under BAIL ACT 1976
Why might the magistrates refuse bail
on certain grounds such as risk that defendant will fail to turn up to trial
OR
may grant conditional bail such as curfew order
SUMMARY OFFENCES
less serious such as assault, criminal damage less than £5000 and driving offences
dealt with from start to end
what happens if defendant pleads guilty/not guilty for summary offences
guilty—> magistrates decide there and then on sentence
not guilty —> magistrate hear trial there and then or set date for trial
Triable either way offences
middle range offences such as S.47 of the OAPA 1861 —>
trials are heard either in Magistrates or crown courts depending on whether magistrates can accept jurisdiction based on sentencing powers
Preliminary hearing of triable either way cases
known as plea before venue hearing
What happens if defendant pleads guilty triable either way offences
sentence there and then or send to the crown court for sentencing if power is insufficient
Pleads guilty triable either way
conduct made of trial hearing —> if there’s not sufficient sentencing powers case is sent to the crown court
however—> even if they are prepared to hear trial defendant can choose to hear it in the crown court
what do the magistrates have power to do under power of Criminal Courts (sentencing) Act 2000
to sentence an offender to up to 6 months imprisonment for one offence or 12 months for consecutive and or up to £5000 fine
Legal aid sentencing & punishment of offenders act 2012
gives additional powers to issue higher penalties for offenders who have committed Level 5 summary offences
what are indictable offences
MOST serious offence such as murder and s.18 of OAPA 1861 where trial is heard in the crown court
what happens in preliminary hearing
send cases to crown court —> defendant pleads guilty will be sentenced
what happens if the defendant pleads guilty for an indictable offence
revue where details of trial are confirmed such as witnesses called and trial takes place
