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Flashcards in Summary Offences Deck (17):
1

Where are they always heard

Magistrates court

2

What is held first

Early administrative hearing where pre trial matter is dealt with eg. Legal aid granting bail

3

If d makes a guilty plea what is he first step

CPS out lines the facts of the case to the magistrates.

4

What is held is d doe not agree with the facts

Newton hearing to establish the facts

5

What information is given about d

Convictions, background and financial circumstances

6

What reports are given about d

Medical reports on mental health

7

What is then given to help reduce sentence

Mitigation

8

Finally d is

Sentenced

9

If d pleas not guilt what happens

A trial is held in the magistrates court

10

What must prosecution prove

D is guilty beyond reasonable doubt

11

Who does prosecution then call

Their witnesses and questions them

12

What will the defence do with the witnesses after the prosecution has questioned them

Cross examine each one

13

After d has cross examined he can then

Give evidence by calling his own witnesses

14

D has a right to remain silent but under which act can the magistrates infer he has something to hide

Criminal justice and public order act

15

If d is guilty he is

Released

16

If d is guilty he is

Sentenced
First background, then reports, mitigation then sentenced

17

Less serious offences eg.

Driving offences