MC-Summary&TriableEitherWay Offences

Question 1

The current maximum fines are dated under what act?

Answer 1

Criminal Justice Act 1991

Question 2

What are the 5 levels of fines?

Answer 2

level 1- £200
level 2-£500
level 3-£1,000
level 4-£2,500
level 5-£5,000

Question 3

Under certain breaches of environment law and health and safety legislation, how much can the MC fine ?

Answer 3

£20,000

Question 4

What is the maximum prison sentence that can be given to summary offences?

Answer 4

6 months in prison
or
12 months for 2 triable either way offences

Question 5

At the start of the case what must the clerk do ?

Answer 5

• check the defendants name and address

- ask whether guilty or not guilty

Question 6

What percentage of defendants in the MC plead guilty?

Answer 6

over 90%

Question 7

What is Newton hearing and why does it happen?

Answer 7

a Newton hearing is an inquiry to establish the facts of a case
-Happens when defendant has pleaded guilty but does not agree with the CPS’s court resumé facts

Question 8

During a guilty plea at MC, what information about the defendant is brought to court?

Answer 8

• Antecedent history
• financial problems
• mental report

Question 9

what is the examination in chief?

Answer 9

When prosecutor witnesses will be called one at a time to give evidence and the prosecutor will question each to establish what he saw and heard.

Question 10

When is a case dismissed at the end of the prosecution case?

Answer 10

the defence can submit to the MC that there is no case to answer and so the case is dismissed

Question 11

Under what act can the Magistrates draw their own conclusions from the fact that the accused stay silent and do not explain their side of the matter?

Answer 11

Criminal Justice and Public Order Act 1994

Question 12

When a defendant is convicted what will the Magistrates hear before passing sentence?

Answer 12

• Past record
• Reports
• A speech of mitigation

Question 13

When can a defendant be retried?

Answer 13

When the prosecution successfully appeals against the acquittal in a ‘case stated’ appeal

Question 14

What 2 parliamentary matters have to be decided during a TEO?

Answer 14

1) Whether the defendant has pleaded guilty or not guilty

2) Where the trial should take place

Question 15

What happens at the end a TEO dealt with at MC for a guilty plea?

Answer 15

All facts are heard and the MC decide whether to send the defendant to CC for sentencing

Question 16

If the defendant pleads not guilty how is it decided on which court they go to ? 2

Answer 16

• Magistrates either accept or refuse jurisdiction
• Defendant can choose MC or CC for sentencing
• if in MC, trial will be same as guilty case