Pre-trial Procedure
- Created by: Hayley Petts
- Created on: 29-12-12 10:18
View mindmap
- Pre-trial Procedure
- Summary Offences
- Magistrates Court
- Most Driving Offences or common assault
- EAH and Plea
- Legal Funding, Bail, Identity
- Guilty
- Sentence (no trial)
- pre-sentence report may be needed for a change in sentence (income, health, previous convictions)
- Trial (witness called)
- Sentence (no trial)
- Not Guilty
- Trial (witness called)
- Indictable Offences
- ****, Manslaughter, Muder
- Crown Court
- EAH - then sent to crown court under Crime and Disorder Act 1998 s.51
- Triable Either Way Offences
- Theft , ABH
- Magistrates or Crown Court
- EAH and Plea before Venue
- Guilty - matters heard in Magistrates Court
- Sentence -can be sent to crown court if magistrates feel their powers are insufficient
- Not Guilty
- Mode of Trial - whether magistrates accept jurisdiction
- if they do defendant can choose
- if they don't matters sent to crown court
- s.19 of Magistrates Court Act 1980
- must consider nature and seriousness of crime, own powers of punishment, and any representations of prosecution and defence
- Trial (witness called)
- Sentence -can be sent to crown court if magistrates feel their powers are insufficient
- Mode of Trial - whether magistrates accept jurisdiction
- Guilty - matters heard in Magistrates Court
- Crown Court
- Advantages
- jury sympathetic
- lower conviction rate
- more chance of acquittal (60%)
- more likely to get legal funding
- Better advocates
- Disadvantages
- publicity
- slower process - jury trial
- higher penalties
- if on remand may spend longer awaiting trial than eventual sentence
- Advantages
- Magistrates Court
- Advantages
- speed
- less formal - less daunting
- less publicity
- lower penalties
- Disadvantages
- TEW matters can be sent to crown court
- limited legal funding -may have to represent themselves
- higher conviction rates - less likely to acquit
- Advantages
- Summary Offences
Comments
No comments have yet been made