Criminal Pre Trial Process Flashcards
Pre trail procedure
-criminal law part of public law and breaches lead to state prosecution
-statutory and common law
-Woolmington golden thread, innocent till proven guilty
-beyond reasonable doubt, standard of proof, burden of proof
3 categories of criminal offences
-summary
-triable either way
-indictable
summary offence
-magistartes
-least serious
-6 month prison or unlimited fine
Triable either way offence
-mag or crown
-middle range, theft or ABH
-wide range of sentencing options
Indictable
-crown court
-most serious
-wide range of sentencing options
Early administrative hearing
-all criminal cases start in mag
-dealt with by 1 lay mag
-legal aid, pre sentence report, ,medical, custody or bail
Process for summary
-96% all criminal held at Mag
-early administrative hearing
-trial if not guilty plea or sentence
Process of Indictable
-early administrative hearing then go to crown court for more of it
-Criminal procedure rules 2005 introduced plea and trial preparation hearing
-enters a plea
-guilty will be a sentence
-if not guilty prosecution and defence identify key issues
Process of triable either way
-early administrative hearing
-Criminal procedure and investigations act 1996 introduced plea before venue
-D pleads guilty, goes to mag or crown for sentence
-D pleads not guilty, mode of trail, Mag decide to take jurisdiction, D can then decide if they want jury or mag
Triable either way choice of Jury or Mag
-cost, £1.7K for mag, £17.5K crown
-mag 68% convictions, crown 59%
Adversarial system
-judges are neutral and uphold fairness, Art 6
-representation from each party
Disclosure
Criminal justice act 2003
-defence must disclose all evidence
-prosecution must disclose anything that may help defence case
Plea bargaining
negotiation between prosecution and defence
-R v turner, judges cant get involved
-R v Goodyear, D request indication of likely sentence if plea
