Pre-trial Matters

Question 1

Three categories of offences

Answer 1

Summary offences- less serious offences always tried in the Magistrates court- eg driving offences and common assault.
Triable either way offence- middle range offences which can vary in the degree of harm caused. Can be tried either in the magistrates or crown court.
Eg theft and assault occasioning actual bodily harm.
Indictable offences- most serious crimes that must be tried in the crown court- murder, manslaughter, rape

Question 2

Triable either way offence

Answer 2

1. Plea before venue- if guilty- magistrates court. But option is retained of sending the defendant to the crown court if necessary for sentencing.
2. Not guilty= mode of trial procedure to decide where to hear case.
3. Magistrates suitable for their court if not sent to crown court with no choice.
4. If magistrates think suitable defendant picks

Question 3

Magistrates

Answer 3

Maximum fine of 5,000 and 6 months custodial, 12 months for 2 or more TEW offences.

Faster- one day

Less publicity

Less formal and no jury

Question 4

Crown court

Answer 4

Conviction rate higher in magistrates court.
Acquittal over 50% in crown court and only 20% in magistrates.
More legal aid.
Remanded- time take away from sentence and better conditions
Could still be sent to crown court

Question 5

Should the defendant be able to choose

Answer 5

Choice limited by successive governments
Expense of jury trials
More cases summary- taking a vehicle without consent.
House of Lords prevented government intervention- safeguard Liberty
Compromise - fraud. Nobbling = no jury.

Question 6

Procedure guilty magistrates

Answer 6

Pleads guilty 
CPS provide summary of facts
Details of previous convictions and D's background are read. 
Written reports considered 
Defence argue mitigating factors 
Magistrates decide sentence

Question 7

D pleads not guilty procedure magistrates

Answer 7

D pleads not guilty
Prosecution outline facts of case 
Prosecution witnesses are called
Questioned by prosecution 
Cross examined by defence 
Defence may make a submission of "no case to answer"- magistrates dismiss trial
Defence witnesses called 
Questioned by defence 
Cross examined by prosecution
Defence close  by summing up the prosecution case weaknesses 
Magistrates leave to consider verdict 
Not guilty= leave 
Guilty- case may be adjourned- information gathered before sentencing

Question 8

Procedure Guilty crown court

Answer 8

Pleads guilty 
Cps summary of facts 
Details of previous convictions and background read out 
Written report considered
Defence give mitigating factors 
 Crown court judge decides sentence

Question 9

Procedure not guilty crown court

Answer 9

Not guilty 
Jury sworn in 
Prosecution summarise facts and argument
Prosecution witnesses called 
Questioned by prosecution and cross examined by defence 
Defence may make submission of no case to answer- judge directs jury to acquit D 
Defence sets out their arguments 
Witnesses called 
Cross examined 
Prosecution closes 
Defence closes 
Judge sums up case and explains law 
Jury acquire to consider verdict 
Verdict not guilty= free 
Guilty- judge may adjourn- summary of facts