Pre-trial procedures

Question 1

1.

Answer 1

police pass to CPS who do 2 tests
evidential burden test (enough evidence)
Public interest test (in public interest?)

Question 2

2.

Answer 2

Early administrative
Magistrates
Decide legal aid
pre-sentencing reports
medical reports and bail
Potentially some minor summary if D plead guilty and represent themself

Question 3

3.

Answer 3

Depends on type
Summary: Proceed to magistrates
Indictable: Crown after early admin
Triable either way: Plea before venue and mode of trial

Question 4

Plea before venue

Answer 4

Guilty : sent to magistrates for sentencing, can be passed up
Not guilty: Mode of trial hearing

Question 5

Mode of trial hearing

Answer 5

Magistrates given power to decide if they think they should hear under s.19 Magistrates court act 1980
Consider:
Nature and seriousness of offence
Sentencing Powers (6 months or 5k)
Representations from prosecution or defence
if magistrates can hear, D also decides between 2
If magistrates cannot hear, straight to crown
Can be guilty at magistrates then sent to crown for sentencing