Pre Trial Procedures In Criminal Cases Flashcards
Where is the first hearing for all criminal cases?
In Mag Court where issues of legal aid (free legal advice from solicitor for D and perhaps free representation), bail (where there is a general right) and probation officer reports on family situation etc is addressed
What is the pre trial procedure for summary offences?
- D asked whether they plead guilty or not guilty
- if plead guilty, Mag sentence
- if plead non guilty, there is trial and sentence if verdict is guilty
What is pre trial procedure for indictable offences?
Case is sent for trial by Mag court to Crown Court under s. 51 Crime And Disorder Act 1998
What is the first pre trial procedure in triable either way offences
“Plea before venue” where D asked if they plead guilty or not guilty
What if the D pleads guilty in plea before venue?
Magistrate hears facts and decides if they believe their sentencing power is sufficient
- if sufficient, Mag will sentence
- if not, sent to Crown Court for sentencing
What if D pleads not guilty in plea before venue
“Mode of trial” hearing takes place which is a summary of evidence, mag decide whether or not to accept jurisdiction based on whether it has adequate sentencing powers.
If they refuse jurisdiction it is sent to crown court
If they accept defendant elects place of trial.
