Pre-Trial Procedure In Criminal Cases

Question 1

What is a summary offence?

Answer 1

The least severe of the categories for minor offences such as common assume or criminal damage less that £5000

Question 2

What are some examples of summary offences?

Answer 2

Common assault or criminal damage less than £5000

Question 3

What happens if the defendant pleads guilty to a summary offence?

Answer 3

The magistrates my sentence immediately or request a pre-sentence report

Question 4

What happens if the defendant pleads not guilty to a summary offence?

Answer 4

The case will proceed to trial. There will nearly always be an adjournment.

Question 5

What are triable either way offences?

Answer 5

They are the middle range of crimes such as theft or ABH

Question 6

What are some examples of triable either way offences?

Answer 6

Theft or ABH

Question 7

Where can triable either way offences be tried?

Answer 7

Magistrates or the crown court depending on their severity

Question 8

What is an indictable offence?

Answer 8

The most serious crimes such as murder or rape

Question 9

What is an example of an indictable offence?

Answer 9

Murder or rape

Question 10

Where are indictable offences tried?

Answer 10

The crown court

Question 11

Where is the first hearing for indictable offences? What happens?

Answer 11

The first hearing is in the magistrates court where they may authorise bail

Question 12

What act authorises indictable offences to be transferred to the crown court after the first hearing?

Answer 12

S51 Crime and Disorder Act 1998

Question 13

What does S51 of the crime and disorder act 1998 permit?

Answer 13

An indictable offence case to have its first hearing in the magistrates court to consider bail but for it then to be transferred to the crown court

Question 14

What are the three categories of offence?

Answer 14

Summary offences
Triable either way offences
Indictable offences

Question 15

Why is there often an adjournment when the defendant pleads not guilty to a summary offence?

Answer 15

As the case needs preparation and witnesses may need to be summoned. If there if an adjournment the court decide whether or not to grant bail

Question 16

What happens if the defendant pleads guilty to a triable either way offence?

Answer 16

There is a plea before venue

Question 17

Which piece of legislation sets out the plea before venue?

Answer 17

Criminal procedure and investigations act 1996

Question 18

What does the Criminal procedure and investigations act 1996 set out?

Answer 18

The plea before venue

Question 19

What happens in the plea before venue?

Answer 19

The defendant asks is he pleads guilty or not guilty

Question 20

What happens in the defendant pleads guilty to a triable either way offence?

Answer 20

The case is automatically heard by the magistrates. The defendant has not right to ask for a referral to the crown court

Question 21

What is the committal for sentence procedure?

Answer 21

It allows the magistrates to send the defendant to the crown court for sentencing if they feel they should be sentenced beyond their limits (maximum £5000 fine, 6 months or 1 year for two offences)

Question 22

What are the magistrates sentencing limits?

Answer 22

maximum £5000 fine, 6 months or 1 year for two offences

Question 23

What happens in the defendant pleads not guilty to a summary offence?

Answer 23

There’s a mode of trial

Question 24

What’s a mode of trial?

Answer 24

Where the magistrates has to consider a variety of factors to decide which court is most suitable for the case to be heard in

Question 25

What piece of legislation sets out factors the magistrates should consider in a mode of trial?

Answer 25

S19 magistrates court act 1980

Question 26

What does the S19 magistrates court act 1980 set out?

Answer 26

Factors the magistrates should consider when choosing an appropriate court in the mode of trial

Question 27

What factors are set out in S19 magistrates court act 1980?

Answer 27

The nature and seriousness of the case
Their own powers of punishment
Any representations of the prosecution and defence
If the crime was by an organised gang

Question 28

Which type of cases should automatically go to the crown court if it’s a triable either way offence?

Answer 28

Cases with complex questions of law

Question 29

What is the defendants election?

Answer 29

That the defendant can choose to be tried by trial or by magistrates if magistrates are prepared to hear the case.

Question 30

What happens if the defendant is found guilty of a triable either way offence and he’s found guilty?

Answer 30

The magistrates have the option to send the case to crown court for sentencing if they feel their powers are insufficient

Question 31

What is the pre-trial procedure for indictable offences?

Answer 31

The first hearing will be in the magistrates court. The EAH will deal with all administrative matters such as bail and legal funding. All other matters are dealt with by the judge in the crown court

Question 32

Why may a defendant choose to have a trial by jury?

Answer 32

Defendants are more likely to receive legal funding
Lawyers are more experienced in a crown court opposed to a magistrates
Where the defendant has been granted bail but is likely to go to prison they will have more time with their family before prison
Theres a higher chance of acquittal with a decision made from a jury

Question 33

What % of defendants who pleaded not guilty were found not guilty by the magistrates?

Answer 33

20%

Question 34

What % of defendants who pleaded not guilty were found not guilty by the crown court?

Answer 34

60%

Question 35

What are the reasons for not choosing a trial by jury?

Answer 35

If the defendant is on remand, this means a longer waiting time in prison
If legal funding isn’t provided the cost of lawyers is very expensive
The crown court has a greater sentencing power
The magistrates will hear the case more quickly