OCR Criminal Law Pre-Trial procedure

What is the key aim for summary offences?
Completing the case at the earliest possible hearing
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What criteria have to be satisfied?
Defendant pleads guilty, is either already legally represented or does not want legal representation
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What do the magistrates have to establish in the first hearing?
Try to discover the issues involved in the case
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Triable either way: If D pleads guilty what happens?
No right to ask for his case to be transferred to the Crown Court
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What is the "mode of trial proceedings"
Magistrates must decide whether the case should be heard in the magistrates court or the crown court
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What must they consider according to s19 Magistrates' Court Act 1980?
Nature and seriousness of the case, their own powers of punishment, any representations of the prosecution and defence.
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What is defendant's election?
Defendant can choose to be sent to Crown Court.
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Where are indictable offences first heard?
Magistrates' Court
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Other cards in this set

Card 2

Front

What criteria have to be satisfied?

Back

Defendant pleads guilty, is either already legally represented or does not want legal representation

Card 3

Front

What do the magistrates have to establish in the first hearing?

Back

Preview of the front of card 3

Card 4

Front

Triable either way: If D pleads guilty what happens?

Back

Preview of the front of card 4

Card 5

Front

What is the "mode of trial proceedings"

Back

Preview of the front of card 5
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