Describe The Classification Of Offences And Pre Trial Procedure In The Criminal Process Flashcards
What are the three types of criminal offence?
The three types of criminal offence are Summary offences, Triable Either Way offences, and Indictable offences.
Where do all cases first appear?
All cases first appear at the Magistrates’ Court.
What do magistrates consider during the preliminary hearing?
Magistrates consider legal representation, legal funding, and bail applications under the Bail Act 1976.
What grounds may magistrates refuse bail?
Magistrates may refuse bail if there is a risk the defendant will fail to turn up to court.
What is conditional bail?
Conditional bail may include stipulations such as a curfew order.
What are Summary offences?
Summary offences are less serious offences, such as assault and criminal damage less than £5,000.
How are Summary offences dealt with?
Summary offences are dealt with from start to finish in the Magistrates’ Court.
What happens if a defendant pleads guilty in a Summary offence?
If the defendant pleads guilty, the magistrates will decide on the sentence immediately.
What happens if a defendant pleads not guilty in a Summary offence?
If the defendant pleads not guilty, the magistrates will hear the trial or set a date for the trial.
What are Triable Either Way offences?
Triable Either Way offences are middle range offences that can be heard in either the Magistrates’ Court or the Crown Court.
What is a plea before venue hearing?
A plea before venue hearing is a preliminary hearing for Triable Either Way offences.
What happens if a defendant pleads guilty in a plea before venue hearing?
If the defendant pleads guilty, the magistrates may sentence the defendant or send them to the Crown Court for sentencing.
What happens if a defendant pleads not guilty in a plea before venue hearing?
If the defendant pleads not guilty, the magistrates will conduct a mode of trial hearing.
What is the maximum sentence magistrates can impose under the Powers of Criminal Courts (Sentencing) Act 2000?
Magistrates can sentence an offender to a maximum of 6 months imprisonment for one offence or 12 months for consecutive offences.
What additional powers does the Legal Aid Sentencing and Punishment of Offenders Act 2012 provide?
It gives magistrates the power to issue higher penalties for offenders who have committed ‘Level Five’ summary offences.
What are Indictable offences?
Indictable offences are the most serious offences, such as murder and GBH/wounding with intent.
Where are Indictable offences tried?
Indictable offences are tried in the Crown Court.
What happens after a preliminary hearing for Indictable offences?
After a preliminary hearing, the magistrates will send the case to the Crown Court.
What occurs if a defendant pleads not guilty in an Indictable offence?
If the defendant pleads not guilty, there will be a review to confirm trial details before the trial takes place.
What happens if a defendant pleads guilty in an Indictable offence?
If the defendant pleads guilty, they will be sentenced.
