Pre trial procedures (criminal cases)

Question 1

criminal law

Answer 1

set down by the state

Question 2

PACE (Police and Criminal Evidence Act) 1984

Answer 2

• The PACE codes of practice cover: - stop and search
- arrest
- detention
- investigation
- identification
- interviewing detainees

Question 3

Classification of offences

Answer 3

summary, triable-either way, indictable

Question 4

Summary offences

Answer 4

least serious, e.g. driving offences, common assault, minor criminal damage. Always tried at the Magistrate’s Court.

Question 5

Triable-either way

Answer 5

middle range crimes. Can be tried in either the Magistrate’s or the Crown Court. E.g. theft, assault causing actual bodily harm.

Question 6

Indictable offences

Answer 6

most serious. Always tried the Crown Court. E.g. murder, manslaughter, rape etc.

Question 7

Pre trial hearings

Answer 7

• All criminal cases begin in the Magistrates’ Court. Minor offences can be dealt with at this point. If person pleads guilty. For most driving offences, the defendant can plead guilty by post and avoid a court appearance altogether.
• The aim in summary offences is to complete the trial as quickly as possible

Question 8

Charging

Answer 8

in order for CPS to charge they must:
1. Is there strong enough evidence and a realistic prospect of conviction?
2. Is bringing the case to court in the public interest? – seriousness of the offence, level of culpability, circumstances and harm to the victim, was the suspect under 18 at the time, impact on the community, is prosecution appropriate, do sources need protecting?

Question 9

Procedure in triable either way

Answer 9

Defendant enters a plea, guilty or not guilty.
• plead is guilty, defendant has no right to ask for a Crown Court trial, however the magistrates might send the defendant to the Crown Court for sentencing .
• If the plead is not guilty, then the Magistrate has to decide whether they have the powers to hear the case. This can also happen if for example there has been a breach of trust on the part of the defendant or if organised gang crime is involved.

Question 10

Procedure in indictable

Answer 10

Indictable offences will always have a first hearing in the Magistrate’s, before being sent to the Crown Court. The defendant is also given the opportunity to apply for legal aid.

Question 11

Bail

Answer 11

denied when:

• Risk of failure to surrender to custody.
• Likelihood of committing another offence.
• Possibility of interfering with witnesses.
• Nature and seriousness of the offence.
• Character and past record of the accused.
• Previous behaviour under bail restrictions.
• Strength of evidence against the accused.