Classification of Offences + Pre-Trial Procedures Flashcards
(21 cards)
What are the 2 criminal courts?
Magistrates Court and Crown Court.
What are the 3 types of offences?
Summary, triable either way and indictable.
Describe summary offences.
Least serious crimes, tried in the Magistrates Court.
Give examples of summary offences.
Driving offences, common assault, criminal damage below £5000.
Describe triable either way offences.
Middle range crimes, tried in both Magistrates and Crown Court depending on seriousness.
Give examples of triable either way offences.
Theft, ABH, obtaining property by deception.
Describe indictable offences.
Most serious crimes, tried in Crown Court.
Give examples of indictable offences.
Murder, rape, manslaughter.
What is a pre-trial procedure?
Hearing to prepare the case for trial, ensuring it will run smoothly.
What’s the aim of handling summary offences in the pre-trial procedure?
Complete the case as quick as possible using the Better Case Management Scheme (BCM)
What happens if D pleads guilty to a summary offence?
Magistrates aim to sentence the defendant right away.
How are most driving offences dealt with in the pre-trial procedure?
Handled quickly, allowing D to plead guilty by post without attending court.
What happens if D pleads not guilty to a summary offence?
Magistrates use the first hearing to identify key issues so it can proceed quickly.
What’s the first step in pre-trial procedures for triable either way offences?
A plea before venue hearing, where D must plead guilty or not guilty in Magistrates Court.
What happens if D pleads guilty to a triable either way offence?
Case is automatically tried in Magistrates Court but can be sent to Crown Court for sentencing if needed.
What happens if D pleads not guilty to a triable either way offence?
Mode of trial procedure takes place, where magistrates decide if the case is suitable for Magistrates Court or should be sent up to Crown Court.
How do magistrates decide where a case will be tried?
Consider the nature and seriousness of the offence as well as their own powers of punishment. Complex or serious cases may be sent to Crown Court.
What happens if D pleads not guilty and magistrates accept the case?
D is given a choice of where to be tried (Magistrates or Crown) but still sent to Crown Court for sentencing.
What are ‘committal proceedings’?
When a case if officially transferred to Crown Court.
What happens in pre-trial procedures for indictable offences?
First hearing occurs in Magistrates Court to decide issues like bail and legal aid then sent to Crown Court for trial.
Where are all the other pre-trial matters for indictable offences dealt with?
By a judge in Crown Court.
