Legal System: Criminal Courts -> Jurisdiction and Pre-trial procedure Flashcards
1
Q
Summary offence (what, where, example)
A
- less serious offences
- tried in Magistrates Court
- i.e common assault/ driving without insurance
2
Q
Triable either way offences (what, where, example)
A
- middle range offences that vary in degree of harm caused
- tried in magistrates or croen
- i.e theft/actual bodily harm
3
Q
Pre-trial procedure for indictable offences
A
first hearing
- ‘sending for trial ‘ in magistrates Court
- Case is transferred to the Crown Court
s.51 Crime and Disorder Act 1998
3
Q
Pre-trial procedure for summary offences
A
- First hearing MC (legal aid, bail, reports)
- D asked plea
Guilty = sentence passed
Not Guilty = trial by 3 mags + sentence if guilty
(mags retain right to send to CC)
3
Q
Indictable offences (what, where, example)
A
- Most serious offences
- Tried in crown court
- i.e Murder/Manslaughter
4
Q
Pre-trial procedure for triable either way offences
A
- first hearing -> bail, legal aid, reports in MC
- Plea before venue -> D asked Guilty/Not Guilty
- Guilty = Mags hear facts + deciding if sentencing pwrs sufficient
Yes = Sentence
No = Crown court - Not Guilty = Mode of Trial hearing -> Mags decide whether or not to accept jurisdiction using Magistrates Court Act 1980 -> (complexity, harm, convictions, pwrs, seriousness)
Accept = D elects place of trial -> CC or MC
( completion of trial + guilty verdict = mags retain right to send D to CC)
Refuse = CC
5
Q
Jurisdiction of the Crown Court
A
- tries all indictable offences
- tries some triable either way cases (most serious)
- appeals from MC against conviction/sentence
- Tried by Judge + Jury
- Sentences for MC
- around 5% of C trials
6
Q
Jurisdiction of Magistrates court
A
All summary + most triable offences
(around 95-97% of all trials)
- mode of trial Hearings
- Sending for trial Hearings
- Youth court (if specially trained)
- issue arrests and search warrants
- deciding bail
- 3 sit
