Pre Trial Procedure Of Criminal Cases

Question 1

List the 3 types of offences

Answer 1

•Summary
•Triable either way
•Indictable

Question 2

Where do all pre trial procedures in cases first appear?

Answer 2

Magistrates Court

Question 3

What happens within this PRELIMINARY HEARING?

Answer 3

Magistrates consider;
•Legal Representation
•Legal Funding
•Bail Applications as set out in the
(Bail Act 1976)

Question 4

Why may magistrates refuse bail?

Answer 4

On certain grounds such as;
•Offender is a flight risk
•Offender is a risk to the public
•They may grant CONDITIONAL BAIL such as a curfew order.

Question 5

Describe Summary Offences.

Answer 5

•Least serious of crimes such as assault or driving offences
•Heard at the magistrates court start to finish.
•If the defendant pleads guilty they are sentenced then and there.
•If the defendant pleads not guilty the magistrates will set a date for a trial hearing or hear the trial then and there.

Question 6

Describe Triable Offences.

Answer 6

•Middle range offences as set out in S.47 of OAPA 1861 such as assault occasioning ABH.
•Either heard in crown court or the magistrate court depending on the jurisdiction based on sentencing powers.
•PRELIMINARY HEARING is known as a plea before venue.
•If defendant pleads guilty the magistrates may sentence them or send them to the crown court if their sentencing powers are insufficient.
•If defendant pleads not guilty the magistrates will conduct a MODE OF TRIAL hearing.

Question 7

(TRIABLE EITHER WAY)
Even if ______ are prepared to hear the case the ____ has a choice for it to be heard at the _____ Court.

Answer 7

TRIABLE EITHER WAY)
Even if magistrates are prepared to hear the case & have sufficient sentencing powers, the offender has a choice for it to be heard at the Crown Court.

Question 8

What is the sentencing jurisdiction of the Magistrates Court?

Answer 8

•Under the Powers of Criminal Courts Act 2000 states that magistrates can sentence an offender for up to 6 months for one offence, and 12 months for consecutive offences, and or as well as a 5000£ fine.
•The legal aid and punishing of offenders act 2012 provided additional sentencing powers to issue higher penalties in the magistrates courts for those who have committed level 5 summary offences.

Question 9

Describe Indictable Offences.

Answer 9

•Indictable offences are the most serious offences as set out in S.18 of OAPA 1861.
•After a preliminary hearing the magistrates court sends the case to the crown court.
•Trial is heard at the Crown Court.
•If the defendant pleads guilty they will be sentenced then and there.
•If the defendant pleads not guilty there will be a review where the details of the trial will be confidence, such as what witnesses will be called, what evidence to be disclosed.
•Examples of indictable offences are murder.