Section B

Question 1

Where will the first hearing of all cases take place?

Answer 1

Magistrates court

Question 2

What are Summary offences ?

Answer 2

Least serous, magistrates court for instance,
common assault
Most driving offences
Minor criminal damage

Question 3

What are triable either way offences ?

Answer 3

These vary in seriousness, magistrates or crown courts
Eg
- s47 and s20 offences against the person act
- theft

Question 4

Indictable offences

Answer 4

Most serious type of offences, in the crown court
Eg
- s18 offences against the person act
- murder
- manslaughter
- rape
- robber

Question 5

How are trials in the magistrates court held?

Answer 5

By a bench of 3 magistrates

Question 6

How are trials in the crown court held?

Answer 6

By judges and jury

Question 7

Who conducts the majority of criminal prosecutions?

Answer 7

The CPS

Question 8

What happens if a person is granted bail?

Answer 8

They are allowed to live in community up until the trial - if refused bail held on remand

Question 9

What is the legislation for bail?

Answer 9

The bail act 1976

Question 10

What does this bail act state ?

Answer 10

There is a presumption in favour of granting unconditional bail

Question 11

When can a defendant be refused bail?

Answer 11

• if D is likely to interfere with evidence, witnesses or commit further offences
• may run away

Question 12

What conditions can be imposed on bail?

Answer 12

• surrendering passport
• residing at particular address, curfew, tagging