Topic 1: Criminal Courts 1) Pre Trial Flashcards
1
Q
Name the 3 types of offences.
A
- Summary
- Either Way
- Indictable
2
Q
Where are summary offences heard?
A
Magistrates Court
3
Q
Where are either way offences heard?
A
Magistrates or Crown
4
Q
Where are indictable offences heard?
A
Crown court
5
Q
What % of cases are heard in Magistrates court?
A
95%
6
Q
What % of cases are heard in crown court?
A
5%
7
Q
How magistrates sit on a bench?
A
3
8
Q
What are the different Magistrates called?
A
2 wing men
1 chairmen
9
Q
What’s the maximum sentence Magistrates can issue?
A
- 6 months imprisonment (12 for more than one offence)
- £5,000 fine
10
Q
What’s the maximum sentence crown court can issue?
A
Unlimited
11
Q
What are the main stages of summary trial procedure?
A
- D is sent a letter
- Early administrative hearing
- If they plead guilty, Mags will sentence
- If they plead not guilty, another trial will be held in court
12
Q
Describe the main stages of triable either way procedure
A
- Plea before venue
- If they plead guilty, Judge/Mag will sentence
- Mode of trial hearing
- Accept jurisdiction/pass to crown
13
Q
Indictable offences trial procedure?
A
- 1st hearing in Mags
- A plea and case management hearing
- If the D pleads guilty, the judge sentences
- Case management hearing if pleads not guilty
- Trial by jury