Criminal Procedure - Trial Procedure

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Criminal Trial Procedure
Types of offences:
Classification of Summary Triable Either Indictable
Offence Way
Description Minor crimes Mid-range Serious
Type of Offence Driving offences, Theft, ABH etc Murder, rape,
common assault etc
Which Court Magistrates MC or CC Crown Court
Summary Offences
Pre-trial procedure for summary offences:
Early Administrative Hearing (EAH) ­ Can be dealt with by one lay magistrate or clerk; aims to
discover whether or not the defendant wants to apply for legal aid; to request pre-sentence or
medical reports; and deciding whether or not to grant bail.
Trial Procedure

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Triable-Either-Way Offence
Pre-trial procedure
Plea before venue ­ Defendant pleads guilty/not guilty. If they plead guilty they have no
right to ask to be tried at Crown, however the Magistrates may send the defendant there
for sentencing.
Mode of Trial ­ For when a defendant pleads not guilty. Decides whether the case will be
tried in MC or CC. Complex cases should be sent to crown.…read more


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