Pre-Trial Procedure

Question 1

Summary Offences (SO)
D is asked if they _____ guilty or ______

Answer 1

plead

not guilty

Question 2

SO
If they plead _____ the ________ will sentence

Answer 2

guilty

magistrates

Question 3

SO

If they plead ________ a _____ will take place - if D is guilty they are _______

Answer 3

not guilty

trial

sentenced

Question 4

Indictable Offences (IO)
First ______ is at the _______ where issues such as ____ aid/____ are dealt with

Answer 4

hearing

MC

legal

bail

Question 5

IO

the case is then automatically _______ to the _____ under ___________ 1988

Answer 5

transferred

CC

s.51 of the Crime and Disorder Act

Question 6

Triable either way offences
1. Plea before ______

Answer 6

avenue

Question 7

1. D asked if they plead ____ or not _____

if guilty, case is heard in ____

Answer 7

guilty

MC

Question 8

1. If not enough sentencing power - sent to _____

Answer 8

CC

Question 9

2. ____ of ______

Answer 9

mode

trial

Question 10

2. takes place if D pleads _______

under ____ of the Magistrates Court Act 1980 to Magistrates must consider the following to make a decision…

Answer 10

not guilty

s.19

Question 11

…

• enough power to ______
• the ______ & _________ of offence
• whether the D has ____ ___________
• D’s _______ ___________
• wishes of the _____

Answer 11

sentence

nature & seriousness

legal representation

previous convictions

attorney general (AG)

Question 12

Magistrates should not accept the case if…

• _____ facts or law is ________
• case involves a ________
• crime ___________

Answer 12

complex. involved

breach of trust

committed by organised gang