Pre trial procedures for offences Flashcards
Pre trial procedure for a summary offence:
Administration hearing
Plea guilty or not guilty
If plea is guilty they are sentenced
If plea is not guilty a trial date is considered, consider whether they set bail (conditional or unconditional) then trial
Pre trial procedure for an indictable offences:
Administrative hearing at the magistrates court - set bail or remain in custody until court date
Go to Crown court
Indictment reading
Plea guilty or not guilty
If plea guilty sentenced by judge
Plea not guilty case management hearing where they consider things like how many witnesses they need to work out how long the trial will take
Trial by jury under Crime and Disorder Act 1998
Pre trial procedure for either way offences:
Early hearing in the magistrates court
Plea guilty or not guilty (plea before venue)
If plea guilty they decide whether sentence is possible as limited to 6 months, if no then it will be transferred to crown court and bail will be considered before the crown court sentences
If plea not guilty then a mod trial hearing will appear
Bail will be considered and a case management hearing (pre trial review) then a trial at the Crown Court