Pre-Trial Procedure In Criminal Cases Flashcards
What is a summary offence?
The least severe of the categories for minor offences such as common assume or criminal damage less that £5000
What are some examples of summary offences?
Common assault or criminal damage less than £5000
What happens if the defendant pleads guilty to a summary offence?
The magistrates my sentence immediately or request a pre-sentence report
What happens if the defendant pleads not guilty to a summary offence?
The case will proceed to trial. There will nearly always be an adjournment.
What are triable either way offences?
They are the middle range of crimes such as theft or ABH
What are some examples of triable either way offences?
Theft or ABH
Where can triable either way offences be tried?
Magistrates or the crown court depending on their severity
What is an indictable offence?
The most serious crimes such as murder or rape
What is an example of an indictable offence?
Murder or rape
Where are indictable offences tried?
The crown court
Where is the first hearing for indictable offences? What happens?
The first hearing is in the magistrates court where they may authorise bail
What act authorises indictable offences to be transferred to the crown court after the first hearing?
S51 Crime and Disorder Act 1998
What does S51 of the crime and disorder act 1998 permit?
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
What are the three categories of offence?
Summary offences
Triable either way offences
Indictable offences
Why is there often an adjournment when the defendant pleads not guilty to a summary offence?
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
What happens if the defendant pleads guilty to a triable either way offence?
There is a plea before venue
Which piece of legislation sets out the plea before venue?
Criminal procedure and investigations act 1996
What does the Criminal procedure and investigations act 1996 set out?
The plea before venue
What happens in the plea before venue?
The defendant asks is he pleads guilty or not guilty
What happens in the defendant pleads guilty to a triable either way offence?
The case is automatically heard by the magistrates. The defendant has not right to ask for a referral to the crown court
What is the committal for sentence procedure?
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)
What are the magistrates sentencing limits?
maximum £5000 fine, 6 months or 1 year for two offences
What happens in the defendant pleads not guilty to a summary offence?
There’s a mode of trial
What’s a mode of trial?
Where the magistrates has to consider a variety of factors to decide which court is most suitable for the case to be heard in
What piece of legislation sets out factors the magistrates should consider in a mode of trial?
S19 magistrates court act 1980
What does the S19 magistrates court act 1980 set out?
Factors the magistrates should consider when choosing an appropriate court in the mode of trial
What factors are set out in S19 magistrates court act 1980?
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
Which type of cases should automatically go to the crown court if it’s a triable either way offence?
Cases with complex questions of law
What is the defendants election?
That the defendant can choose to be tried by trial or by magistrates if magistrates are prepared to hear the case.
What happens if the defendant is found guilty of a triable either way offence and he’s found guilty?
The magistrates have the option to send the case to crown court for sentencing if they feel their powers are insufficient
What is the pre-trial procedure for indictable offences?
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
Why may a defendant choose to have a trial by jury?
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
What % of defendants who pleaded not guilty were found not guilty by the magistrates?
20%
What % of defendants who pleaded not guilty were found not guilty by the crown court?
60%
What are the reasons for not choosing a trial by jury?
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
