Indictable Offence Procedure [Criminal Courts]

Question 1

Administrative Hearing [Paragraph 3]

Answer 1

All criminal cases start in the Magistrates Court, but for indictable offences, this is just an administrative hearing and the case is transferred to the Crown Court and will usually be heard by a single circuit judge. In the Crown Court, there is a plea and case management hearing where the D is identified, the charges read out and D is asked to make a plea.

Question 2

Trial [Paragraph 4]

Answer 2

If D pleads guilty, the judge will sentence them. If D pleads not guilty, the judge will consider what steps are necessary to manage the case to trail, such as the number of witnesses involved, the length of the trial and the trial date will be agreed. A jury of 12 will be organised and the case will then be heard before them who will decide matters of fact, assisted by the judge. The prosecution have the burden of proof and must prove the D’s guilt to the jury beyond all reasonable doubt to convict, and if they do not, then the jury must acquit.