Pre Trial Procedure

Question 1

Where are all EAH heard

Answer 1

Magistrates court

Question 2

What are the 3 different types of offences?

Answer 2

Summary offence
Triable either way offence
Indictable offence

Question 3

Give 2 examples of a summary offence

Answer 3

Driving without insurance

Common assault

Question 4

Give 2 examples of a triable either way offence

Answer 4

Theft

Assault causing actual bodily harm

Question 5

Give 2 examples of a indictable offence?

Answer 5

Murder

Manslaughter

Question 6

Where are all summary offences tried? Are the dealt with at the first instance?

Answer 6

In the magistrates court& no not normally as adjournment is mostly needed

Question 7

In regards to summary offences, what is an adjournment

Answer 7

Where the case is suspended for a while whilst court gets extra info such as pre sentencing reports

Question 8

What are prelimary hearings?

Answer 8

This is where it is decided if D gets legal aid, if eligible for and if bail will by granted or not

Question 9

What is the plea before venue and what offence does it apply too

Answer 9

It applies to triable either way offences, D is asked whether they plead guilty or not guilty, if D pleads guilty no right to ask for a trial at the court of their choice

Question 10

What happens if the person pleads guilty at the plea before venue?

Answer 10

Mode of trial will be carried out where the facts will be established and magistrates will decide whether to accept jurisdiction or not

If they do accept jurisdiction, D will have a choice, could be sent to crown for sentencing though.

If there is a question of mixed fact and law and is deemed complex will be put forward to the crown court