Name the 3 type of offences
- Summary
- Tri-able either way
- Indictable
Where are indictable offences first hearing? Why?
Magistrates Court
-To deal with whereto defendant wants to apply for legal aid and issues of bail
Describe a summary offence…
(3)
(4 examples)
- Less serious offence
- Tried at magistrates
- Driving offences such as without insurance, taking a vehicle without consent, common assault and criminal damage less than £5,000
Describe a triable either way offence…
(3)
(3 examples)
- Middle range offences
- Theft, assault causing actual bodily harm, obtaining property by deception
- Can be tried in either magistrates or Crown court
Describe an indictable offence…
(4)
(4 examples)
- Serious crimes
- Robbery, Rape, Murder, Manslaughter
- Tried at Crown court
- First heard at magistrates then transferred to Crown court
Under what circumstance can a criminal case be completed at the magistrates court ? (2)
- If it is minor
- If the defendant pleads guilty and is either legally represented or does not want legal representation
When might an adjournment take place at a pre-trial procedure for a summary offence? (4)
(BAIR)
An adjournment will take place if…
- The Crown Prosecution service doesn’t possess all info required to complete the case
- defendant wants legal advice
- Magistrates want a pre-sentencing report on a defendant who pleads guilty
- Defendant pleads not guilty for witnesses to brought to court, if the defendant should be remanded on bail or in custody
Why are there early administrative hearings for summary offences (EAH)
(5 points)
(beard)
- In order to prevent unnecessary delays
- To discover if the defendant wants to apply for legal aid
- Enquiring if the defendant is eligible for the legal aid
- To request pre-sentence medical reports if needed
- To see if defendant should be remanded in custody or on bail.
Who deals with EAH? (early administrate hearings)
-A single lay magistrate or even a clerk of the court
What happens at plea before venue?
-What offence does it apply to?
(3)
- Defendant pleads guilty or not guilty
- If guilty, has no right to ask for case to go to Crown Court (magistrates may send them there for sentencing)
- Only applies to triable either way offences
What power means that the magistrates must consider the nature and seriousness of a triable either way case?
s.19 of Magistrates court Act 1980
In rare cases where the Attorney-General, Solicitor general or the Director of Public Prosecutions is the prosecutor what must the magistrates do and why (what power)?
- the magistrates must send the case to the Crown Court if that is what the prosecution wants
- s.19 (4) of the Magistrates Court Act 1980
What triable either way cases should be dealt with at the Crown Court? (4)
- Those involving complex questions of fact or law
- Where there was a breach of trust by the defendant
- Where the crime was committed by an organised gang
- Where the amount involved is more than twice the amount that the magistrates can fine the defendant
When is mode of trial used? What does it decide?
Mode of trial is used when the defendant pleads not guilty.
The mode of trial proceeding decides whether the triable either way case goes to the Magistrates’ Court or the Crown Court
What triable either way cases should be dealt with at the Crown Court? (4)
- Those involving complex questions of fact or law
- Where there was a breach of trust by the defendant
- Where the crime was committed by an organised gang
- Where the amount involved is more than twice the amount that the magistrates can fine the defendant
In cases where the defendant pleads not guilty to a summary offence or indictable offence or triable either way offence, who are they tried by?
- Always tried by magistrates never a jury for a summary offence
- Indictable offences are always tried by jury
- triable either way offences depends on the mode of proceedings if magistrates think the case is suitable for them to try
Why may some defendants prefer to be tried at the Crown Court than Magistrates ? (3)
- More likely to be acquitted (found not guilty)
- Only 15% of those who plead not guilty in the magistrates court are acquitted
- 60% of defendants are acquitted at the Crown Court
Why is there a large percentage of acquittals in the Crown Court? (2)
- This happens when the prosecution drops the case
- When witnesses fail to attend and there is no evidence against the defendant
why do defendants prefer choosing the Crown Court for legal representation?
-More likely to receive state paid legal aid who must have a certificate in advocacy, meaning the lawyer is more experienced in presenting cases in court
What are the disadvantages of trial by jury at the Crown Court?
(4 reasons)
- Longer waiting period, if defendant hasn’t received bail they must wait in prison on remand
- In recent years waiting times for trials have been reduced, for defendant who plead not guilty it is now 16 weeks, still a long time
- Defendants may have to pay for their own lawyers
- Crown Court judges can give greater sentencing
