Summary Offences Flashcards
Where are they always heard
Magistrates court
What is held first
Early administrative hearing where pre trial matter is dealt with eg. Legal aid granting bail
If d makes a guilty plea what is he first step
CPS out lines the facts of the case to the magistrates.
What is held is d doe not agree with the facts
Newton hearing to establish the facts
What information is given about d
Convictions, background and financial circumstances
What reports are given about d
Medical reports on mental health
What is then given to help reduce sentence
Mitigation
Finally d is
Sentenced
If d pleas not guilt what happens
A trial is held in the magistrates court
What must prosecution prove
D is guilty beyond reasonable doubt
Who does prosecution then call
Their witnesses and questions them
What will the defence do with the witnesses after the prosecution has questioned them
Cross examine each one
After d has cross examined he can then
Give evidence by calling his own witnesses
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
If d is guilty he is
Released
