AS Law Unit 2 - Categories of Offences

Categories of Offences

Summary

• Least serious offences
• Only tried by Magistrates
  • Driving Offences
  • Common assault
  • Criminal damage under £5,000

Guilty Plea

• Prosecutor outlines facts of case
• Suspect asked if they agree, if not Newton hearing required
• Past record given to court
• Other info and reports, especially suspects financial and background info
• Probation officer's pre-sentence report, medical report etc
• Mitigation pleas, why judge should be lenient
• Magistrate/District judge decide sentence

Not guilty plea

• Trial:
  • Prosecution opening speech
  • Prosecution examination
  • Defence cross examination
  • Submissions of no case to answer
  • Defence examination
  • Prosecution cross examination
  • Defence closing speech
• Verdict by magistrates/district judges
• Not guilty - free to go
• Guilty - follows procedure of guilty plea

Either way

• Middle range offences
• Tried either in Magistrates/Crown Court
  • Theft
  • Actual bodily harm

Guilty plea

• Magistrates hear facts, will decide if their sentencing powers sufficient or not
• If sufficient will follow guilty plea of summary…