Pre Trial Matters- Trial Process😊

Question 1

Where do all criminal cases go?

Answer 1

To the magistrates court

Question 2

What are the 3 categories of offences?

Answer 2

Summary offences
Triable either way offences
Indictable offences

Question 3

What does EAH stand for?

Answer 3

The early administrative hearing

Question 4

What is the EAH?

Answer 4

A case that can be dealt with by one magistrate or even the clerk of the court

Question 5

What does the EAH aim at discovering?

Answer 5

1. Should the defendant get bail?
2. Which witnesses need to be called?
3. Does the defendant need legal aid?

Question 6

What sort of offences can a plea before venue occur in?

Answer 6

Triable either way

Question 7

What does a plea before venue mean? X3

• if guilty what happens?
• if not guilty what happens?

Answer 7

Defendant enters a plea -“ guilty or not”
If defendant pleads guilty they can’t go to the crown
If defendant pleads not guilty the magistrates must carry out a ‘mode of trial’ to decide where the case will be heard

Question 8

What must the magistrates do before accepting a case?

Answer 8

Decide if they have jurisdiction (power to deal with the case or whether it should go to the crown)

Question 9

Where should complex cases go?

Answer 9

Crown court

Question 10

Which act explains to the magistrates about their own powers of punishment?

• act
• section

Answer 10

Magistrates court act 1980

Section 19

Question 11

What might the magistrates consider when deciding if they have jurisdiction?

Answer 11

1. If D has breached the trust
2. Whether the crime was committed as part of an organised gang
3. Was the amount involved more than twice the amount the magistrates can fine e.g.: was too much money stolen

Question 12

Where will defendant be tried if magistrates accept jurisdiction and they plead NOT GUILTY….

1. Summary offences
2. Triable either way offences
3. Indictable offences

Answer 12

1. Summary offences- still be tried by magistrates, NOT by jury
2. Triable either way offences- defendant has the choice where to be tried
3. Indictable offences- ALWAYS tried by jury

Question 13

What is a summary offence?
An example?
What does it result in?
Where are they tried?

Answer 13

Minor offence

Driving offence

Discharge, fine or community service but not a prison sentence

Tried in the magistrates court

Question 14

What is a triable either way offence?
An example?
What does it result in?
Where are they tried?

Answer 14

‘Middling’ offence- not minor but not major

Theft

Discharge, fine, community service, may result in a prison sentence (unlikely)

Either magistrates or crown depending on several factors and the plea before venue

Question 15

What is an indictable offence?
An example?
What does it result in?
Where are they tried?

Answer 15

Serious offence

Murder, manslaughter, rape

Prison sentence (high likely)

Tried in crown court- beyond magistrates jurisdiction