Procedure

Question 0

What happens during a Mode Of Trial?

Answer 0

1) Prosecution and Defence suggest suitable venue
2) mags decide if it’s suitable for them on:
Seriousness of case, powers of punishment, prosecution and defence submission
3) if mags don’t accept jurisdiction- crown court
4) if the do accept defendant can agree or choose trail by jury
If they chose mags crown can still sentence

Question 1

What happens if a defendant pleads guilty or not guilty?

Answer 1

Guilty- Plea Before Venue then mode of trail

Not Guilty- magistrates sentence unless they refer the case to crown court

Question 2

Stages of summary trial?

Answer 2

1) charge read out
2) defendant enters plea- guilty pre-sentence report
3) the trial:
- prosecution opening speech
- prosecution evidence, examination in chief, cross examination, re-examine
Defence can claim no case to answer if evidence is thin.
4) verdict

Question 3

Trial procedure for indictable offences

Answer 3

1) Indictment is read out
2) defendant enters plea
3) the trial (same as summary)
- 12 jurors
- defence make opening and closing speech
- stricter rules of evidence apply