P1 Civil And Criminal Law Flashcards
What are the offences in criminal law ?
Summary , triable either way , indictable
What are summary offences ?
Least serious offences , always tried in the magistrate’s court. They include nearly all driving offences. Also include common assault , criminal damage ( less than £5000 ) and shoplifting ( less than £200 )
What are triable either way offences ?
Middle ranged crimes , either in magistrates or crown court. They include wide range of offences such as theft assault causing actual bodily harm .
What are indicatable offences ?
Most serious crimes , include murder , maslaugter and rape. First hearing at magistrates then the case is transfered to crown court. All indictable offences must be tried at crown court by a judge and jury.
What happens in pre trial procedure in criminal cases?
Criminal law is set down by the state. A breach of the criminal law can lead to a pelnalty such as imprisonment or a fine being imposed on the defendant in the name of the state.
What happens in pre trial procedure for summary offences ?
Aim to complete the case at the earliest possible hearing. E.g driving offences can be dealt with in first hearing if defendant pleads guilty. If defendant plead not guilty then magistrates at first hearing must try discover the issue.
What happens in pre trial procedure , triable-either way offences?
Can be tried at either magistrates or crown court. First decide where it will be tied at , has to be a plea before venue.
What happens at plea before the venue ?
First asked whether they plead guilty or not , if g then d has no right to ask for the case to be heard at crown court.
What happens at mode of trial?
If d pleads not guilty then the magistrates must carry out ‘mode of trial ‘ proceeding to decide whether the case will be tried in the magistrates court or the crown. The magistrates will then decide whether they are suitable for the case.
What happens at defendant election ?
If the magistrates are prepared to accept jurisdiction, the defendant is then told he or she has the right to choose trial by jury.
What happens in the trial procedure for ineluctable offences?
First hearing us magistrates.then sent to crown court.
What hopes in magistrates court?
There cine 240 magistrates courts, each court creeps with cases that none a connection with its a geographical area they have jurisdiction over a variety of masters involving criminal cases. Limited in sentences they can give.
What happens in crown court?
Each year deals with 80,000 cases , these cover : triable either way offences where the defendant has elected to be tried in the crown court or where the magistrates have deceived the case is too serious for them to and have sent it to the crown court , all indictable offences , appeals from the magistrates court.
Explain dealing with cases at the crown court
If defendant pleads guilty at the crown court a judge decides the sentence. If defendant pleads not guility at the crown court the case is tried by a judge and a jury of 12.
