Pre-Trial Procedure
- Created by: ciaramclellan
- Created on: 15-04-16 16:26
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- pre trial procedure
- summary offences
- least serious offences
- includes common assault and driving offences
- the defendant's first appearance is in a Magistrates Court
- a single offence-6 months in prison (highest that a Magistrates can issue)
- can gain legal representation from a duty solicitor
- the defendant must enter a GUILTY OR NOT GUILTY plea
- GUILTY PLEA: can issue a sentence there and then or they may decide that a PRE SENTENCE REPORT should be obtained
- NOT GUILTY PLEA: a trial date will be decided and it may be adjourned for a PRE TRIAL REVIEW (details how many witnesses used and the length of the trial
- issues such as bail can be decided and public funded is decided upon for legal representation at trial
- Indictable offences
- most serious offences
- includes murder and S.18 of OAPA 1861
- A life sentence can be issued at the Crown Court
- first hearing in a Magistrates Court
- defendant can make bail application and apply for public funding for legal representation
- case then sent to the Crown Court after this EARLY ADMINISTRATIVE HEARING
- Enter a plea of GUILTY OR NOT GUILTY in the Crown Court
- GUILTY PLEA: a judge may sentence there and then or obtain a PRE SENTENCE REPORT
- NOT GUILTY PLEA: date will be fixed and a PRE TRIAL REVIEW will be conducted
- Either way offences
- includes S.20 of GBH and wounding and serious ABH
- first hearing always in a Magistrates court known as a MODE OF TRIAL HEARING
- decide where the case should be heard and the defendant also has a choice on where it is heard
- depends on the nature and seriousness of the offence, the powers of punishment of the court and advice given by defence or prosecution
- decide where the case should be heard and the defendant also has a choice on where it is heard
- Enter a plea of GUILTY OR NOT GUILTY
- GUILTY PLEA: sentence may be issued there and then or may have to be issued by Crown Court if longer than 6 month sentence
- Untitled
- summary offences
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