mode of trial Flashcards
what are the 3 types of offence
summary
triable
indictable
explain what summary offence is and give a example
a summary offence is a offence that isn’t that serious
they are always tried in the magistrates court and include cases of criminal damage up tp £5000
Eg: speeding
explain what a triable offence is and give a example
offence that isn’t indictable or summary
tired in magistrates or crown court
Eg: theft
explain what a indictable offence is and give a example
a serious offence
tried in the crown court
Eg: murder
what is the process for deciding which court a triable either way offence will be tried
plea before venue
1. if d pleas guilty- goes to court
- if d pleas innocent
- goes through mode of trial procedure
- magistrates will decide if trial is suitable for their court
- if it is, d can choose either crown or magistrates
name 3 differences of the crown and magistrates courts
magistrates is less serious and formal than crown
magistrates are cheaper costs
crown has legal advice provided
name 3 advantages of magistrates
cheaper
less public
more relaxed
name 3 disadvantages of magistrates
sentences are limited
not legally qualified
don’t have legal advise
name 3 advantages of crown
legally qualified
legal advise provided
more sentencing powers
name 3 disadvantages of crown
expensive
unrelaxed
more public
why would the d choose the crown
60% acquittal rate judge makes direction must have certificate in advocacy legal aid trial by jury
why would d choose magistrates
case hardened
cheaper
legally qualified
name a reason why d should choose what court they are tried in
gives them more responsibility and make them feel comfortable
name a reason why d shouldn’t choose which court they are tried in
could just choose to be aquitted
