Criminal court procedures

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  • Created by: Heidi~B
  • Created on: 14-01-14 12:21
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  • Criminal court procedure
    • Ajournment hearing
      • Unusual for a case to be completed at the first hearing,
        • escept if they please guilty for minor offences.
      • Magistrates may need to adjourn for further information about the D.
      • CPS, not all information, pre sentence report, D needs legal advice.
      • Remanded in custody or sent out on bail.
    • Early administrative hearing
      • When D wants to apply for legal aid and whether they're eligible.
      • Request pre sentence or medical reports.
      • Remanded in custody or given bail.
    • Advantages
      • D's are more likely to be aquitted at the Crown Court than the mags.
      • 15% of D's who plead not guilty in the mags are found not guilty.
        • At the Crown Court over 60% of D's are aquitted.
      • more likely to recieve legal aid.
      • Lawyers are more experienced.
    • Disadvantages
      • Usually a longer wait before the case is dealt with.
      • if the D is not given bail, the waiting period is spent in prison.
      • Cost of the case are much greater than those in the mags court.
      • D's who are found guilty, the judge at the CC has the power to give a greater sentence than the mags.
      • If the D is ordered to pay of the prosecution costs, this will be a greater amount than in the mags.
      • Expensive.

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