Criminal Procedure
- Created by: joshnicholls238
- Created on: 13-02-14 11:22
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- Criminal Procedure (offences)
- summary offences
- Most minor crimes
- examples and offences include driving and traffic offences, common assault and battery etc and criminal damage less than 5000
- if d pleads guilty then mag may sentence immediately or request pre sentence report
- if d pleads not guilty goes straight to trial
- always heard in mag court
- hearings often adjourned as the cps doesn't have all info needed or d want legal advice or mag want pre sentencing report
- always if not guilty plea mainly to determine bail or if they need to send witness summons
- Most minor crimes
- Triable either way offences
- middle range crimes
- examples include abh, theft etc
- tried in either mag or crown courts
- if d pleas guilty
- plea before venue
- d is asked what he pleas if guilty case is automatically heard by the mag and d has not right to referal to crown
- BUT
- mag can still send to crown for sentencing if feel it should go beyond their limits of e.g 6 months - 1yr for 2 or more offences and max fine of £5000
- BUT
- d is asked what he pleas if guilty case is automatically heard by the mag and d has not right to referal to crown
- plea before venue
- if d pleas not guilty
- mode of trial is carried out
- were decision must be made on were trial takes place
- the mag decide case is suitable for them
- under s19 of the magistrates court act must consider nature and seriousness of the offence and their powers of punishment
- cases involving complex questions of law etc must be sent to crown
- the mag decide case is suitable for them
- other factors to consider =
- breach of trust?
- was it committed by an organised gang
- was amount involved more than twice amount that mag can fine
- were decision must be made on were trial takes place
- defendants election
- if mag prepped to hear the case d must be told has the right to choose were to be herd but must be warned if choses mag d can still be sent to crown for sentencing
- mode of trial is carried out
- middle range crimes
- indictable offences
- most serious level of crime
- examples include **** manslaughter and murder
- always tried in crown court
- but 1st hearing dealt with by mag
- eah deals with all admin matters i.e legal funding bail atc but all others are dealt with by judge in the crown court
- most serious level of crime
- all cases start in the magistrates cvourt
- summary offences
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