Procedure - Criminal

Question 0

Triable either way offences

Eg. Actual bodily harm

Answer 0

• held at MGs or Crown court
• d must enter a plea at MGs
• if guilty magistrates sentence straight away (if powers aren’t sufficient then sent to court)
• if n/guilty MGs bail application
• bail

Question 1

Summary offences

Least serious eg. Assault

Answer 1

• held in magistrates maximum sentence = 6 months
• MGs deal with entire case inc. plea
• if d pleads guilty 80% chance sentenced by MGs
• if d pleads n/guilty MGs deal with applications for bail

Question 2

Not guilty or no plea = mode of trial hearing:

Answer 2

Look at seriousness, complexity, and MGs power if sufficient. D gets preference

• must now enter a plea
• adjournment & date for trial set
• if heard in crown, committal papers must be prepared for the transfer from MGs

Question 3

Indictable offences:

Eg. Murder, heard in crown court

Answer 3

Preliminary hearing takes place at MGs and transferred to crown
- plea and case management hearing where d pleas
- if d pleads G then sentenced straight away
- if d pleads n/guilty - applications for bail
- in prep for trial courts look at :
Ds mental state
Witnesses and evidence
Legal issues
- judge then sets a date for trial &I will take place infront of jury and judge

Question 4

Bail

Answer 4

• allows D to return home until date of trial
• bail act including presumption of ‘innocent until proven guilty’
• May not be allowed if offence is particularly serious or d could run away, interfere with witness, commit another offence
• conditions if bail granted:
  Hand in passport
  Report to police station
  D held in remand