Pre-trial Procedure

HideShow resource information
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)
        • Not Guilty
          • Trial (witness called)
    • Indictable Offences
      • Rape, 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
    • 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
    • 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

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all The Criminal courts and lay people resources »