Criminal Courts and Bail

?

Allocation

  • Summary offences - less serious, always tried in Magistrate's eg. driving offence or common assault
  • Triable either way offences - middle range, can vary in degree of harm caused, tried in Magistrate's or Crown eg. theft or assault occasioning ABH
  • Indictable - serious, tried in Crown eg. murder, manslaughter or ****
  • Process of deciding which court is part of the preliminary hearings at Magistrate's
  • Plea before venue - D is asked whether he pleads guilty or not guilty - if guilty, case is automatically heard by Magistrate's but they can send D to Crown for sentencing - if not guilty, mode of trial procedure must take place
  • Magistrate's consider whether the case is suitable for Magistrate's depending on seriousness and circumstances - if not, they will transfer it to

Comments

No comments have yet been made