Overview of criminal procedure

Question 0

If the offence that is alleged is indictable only; which section of which act sends the case to the Crown Court?

Answer 0

Section 51 of the Crime and Disorder Act 1951

Question 1

Where do all defendants make their First Appearence?

Answer 1

The Magistrates Court

Question 2

Where are triable either way offences?

Answer 2

Triable either way offences can be tried and sentenced in the Magistrates or Crown Court.

Question 3

Is theft an indictable offence?

Answer 3

Yes, but it is not indictable only. It can be tried either way.

Question 4

If the offence is summary only, what is the first step at the First Appearence?

Answer 4

The plea.

Question 5

If the offence is summary only - can the Magistrates commit to the CC for sentencing?

Answer 5

Yes.

Question 6

Each party has a duty to actively assist its duty to actively manage the case. True or false?

Answer 6

True.

Question 7

Triable either way offences come to a hearing to determine whether they will be dealt with in the Crown Court or Magistrates Court. If the Magistrates court determines that the trial must be heard at the crown Court- an appeal is possible by the defence. True or false?

Answer 7

False. If the Magistrates determine the case must be heard in the Crown Court; there is no appeal.

Question 8

If the Magistrates on an either way matter determine that a case will be dealt with in the Magistrates- do defendants have the option of choosing a Crown Court trial?

Answer 8

Yes - the defendant can choose a Crown Court trial on an either way matter.

Question 9

If a matter goes for trial in the Crown Court a plea and case management hearing will be held. True or false?

Answer 9

True